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Florida attorney has custody of Florida Will. Testator moved to North Carolina four years ago. Where to file will?

Additional  Information:

Florida attorney prepared will and trust for Florida resident. Client subsequently moved to North Carolina. Is there a statute permitting Florida attorney to file will with North Carolina court. Second marriage surviving spouse is not personal representative.

ATTORNEY ANSWER:

If the decedent moved from Florida to North Carolina and died a North Carolina resident, then the decedent’s Florida will (assuming the decedent did not execute a subsequent North Carolina will) should be filed with the applicable North Carolina probate court.

The Beliveau Law Group: Massachusetts | Florida | New Hampshire

The attorneys at The Beliveau Law Group provides legal services for estate planning (wills and trusts), Medicaid (planning and applications), probate (estate and trust administration), business law (formation and operation), real estate (residential and commercial), taxation (federal and state), and civil litigation (in connection with these practice areas). The law firm has offices and attorneys in Naples, Florida, Waltham, Massachusetts, and Salem, New Hampshire.

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