My parents had a will done when they lived in Florida. They have since moved back to NH so we can help them. Should we have the will redone?
ANSWER BY MARGARET CROSS-BELIVEAU:
Yes, New Hampshire will honor a will executed in Florida. However, New Hampshire will require additional documents to be submitted, including an affidavit by a Florida attorney that the will was executed in compliance with Florida law. This runs up the legal fee. In the long run, it may be more expensive to keep the Florida wills than to execute New Hampshire ones. Your parents should also be executing the health care proxy and durable power of attorney. You need to be legally appointed to make decisions for them to avoid having to apply for a guardianship if they become incompetent.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate planning attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.