The Importance of Reviewing Legal Documents When Relocating

A Lesson from Holographic Wills

As we navigate through life, there may come a time when we have to relocate to a different state. Moving involves many considerations, and it’s important not to overlook the impact on legal documents, especially those related to estate planning. Each state has its own laws and requirements regarding wills and trusts, and what is valid in one state may not be valid in another. This blog post emphasizes the importance of reviewing and updating legal documents when moving states, using holographic wills and a recent case from Florida as an example.

Holographic wills are wills that are handwritten and signed by the person making the will, without the need for witnesses. While North Carolina recognizes these handwritten wills under certain circumstances, not all states do. For example, a holographic will that is valid in North Carolina may not be accepted in Florida. Florida has some of the strictest rules regarding the execution of wills, requiring two witnesses to sign the will in the presence of the person making the will. Florida does not allow holographic wills.

A recent case in Florida, Caveglia v. Heinen, illustrates the importance of adhering to a state’s legal requirements when executing a holographic will. The case involved a man from Louisiana who retired and became a resident of Florida, where he eventually passed away. The man had executed a will in Louisiana in 2014, which was considered valid in Florida as well. However, while still a resident of Louisiana, he created a handwritten will in 2015 that revoked the 2014 will. Although Florida would have recognized the 2015 will, the state explicitly does not accept holographic wills, rendering the 2015 will invalid in Florida.

Relocating to a different state brings about various changes, including the need to review and update legal documents like wills and trusts. The Caveglia v. Heinen case serves as a cautionary tale, reminding individuals of the potential risks of failing to comply with the legal requirements of a new state. Seeking guidance from a qualified attorney in the new state of residence is crucial to ensure that estate planning documents align with the specific laws, protecting one’s intentions and assets. Remember, conducting a thorough review and making necessary updates to legal documents can provide peace of mind and secure desired outcomes in the face of unforeseen circumstances. Contact our offices to find out how relocating may effect your estate planning.