OK, don't flame me. I am not on here looking for legal advice - just the experience of others...I understand that wills are governed by state law and to be valid they must be written based on the laws in the state where you "live." Just curious if anyone is aware if there is any flexibility there for full-timers?Yes, SD is where my vehicles are registered, where I am registered to vote, where I have my drivers license and where my mail goes. I have never "lived" there. I suspect that "living there" and having it as my "domicile" are likely the same legally, but wondering if that absolutely applies to wills.In doing some reading I learned a couple of things - 1) at least in SD, a will has to be SIGNED in the state. Cannot be FedExed to another state to be signed and witnessed. That is inconvenient. Also it made me realize that if my executor is a family member in TX, having to deal with probate in SD could be a burden.Just curious what solutions others have found, if any.

A living trust will bypass probate and save substantially on estate taxes.

Tom N wrote:A living trust will bypass probate and save substantially on estate taxes.X 2 In this day and age you would be foolish not to set one up....

OK, same question still applies. Would I have an option in which state that gets established. I suspect if I call an estate planning attorney in SD he will tell me it has to be done there whether it is true or not, just to get the business.Imagine that. Not trusting of lawyers!

I was told by the attorney who drafted our wills that they would remain valid as long as we were residents of the state they were signed in as of the date they were executed. I have not researched this, since we're intent on spending all our assets and have warned our kids not to expect an inheritance. :B

docj wrote:I was told by the attorney who drafted our wills that they would remain valid as long as we were residents of the state they were signed in as of the date they were executed. I have not researched this, since we're intent on spending all our assets and have warned our kids not to expect an inheritance. :BYes, I have read this same thing. However, I am needing to update mine so will have to sign somewhere.Yes, and regarding living trusts, anything I leave behind is going to charity but I don't really feel the need to spend more of my money now so they get more then. I don't think I will really care when the time comes!

Full-timing and wills (choice of state, insurance and stuff)

28 Replies

Captain_Happy
Explorer
Oct 02, 2013
As will Wills/ and other legal matters you really need to talk to your lawyer. This is just a sugestion, you said your executor lives in Texas and everything else is in S.D.. And really have never lived there, right?

Why not move all your stuff to Texas and be done with it. And make sure to re-write your will, with an attorney in the state.

I've been dealing with my wife estate since she passed away in August (No will). Our home state is Texas and it's where we've lived most of our adult life together. So I had to get a lawyer to get you will into probate court. I will be completed this month.

Now, my lawyer has told me some pretty good stories about different states having differenttt laws concerning wills and probate. Texas is one of the easiest states to have as your home state. Now, if you own property of any kind in another state, this is where it gets tricky. Now you have to get that property probated in the state. I'm not a lawyer, just passing along some advice.
blangen
Explorer
Oct 01, 2013
Do you file income taxes or receive checks (pension, social security, etc) in any state? If so, that's a good place to start. As someone else said, a lawyer is the best answer. Alternatively, your tax accountant may have some advice.
dons2346
Explorer
Oct 01, 2013
sch911 wrote:
Tom N wrote:
A living trust will bypass probate and save substantially on estate taxes.

X 2

In this day and age you would be foolish not to set one up....

A trust is not a cure all. In our case a trust wouldn't accomplish a thing. In setting up either a will or trust, the advise of an attorney is important
tkcas01
Explorer
Oct 01, 2013
docj wrote:
I was told by the attorney who drafted our wills that they would remain valid as long as we were residents of the state they were signed in as of the date they were executed. I have not researched this, since we're intent on spending all our assets and have warned our kids not to expect an inheritance. :B

Yes, I have read this same thing. However, I am needing to update mine so will have to sign somewhere.

Yes, and regarding living trusts, anything I leave behind is going to charity but I don't really feel the need to spend more of my money now so they get more then. I don't think I will really care when the time comes!
docj
Explorer
Oct 01, 2013
I was told by the attorney who drafted our wills that they would remain valid as long as we were residents of the state they were signed in as of the date they were executed. I have not researched this, since we're intent on spending all our assets and have warned our kids not to expect an inheritance. :B
tkcas01
Explorer
Oct 01, 2013
OK, same question still applies. Would I have an option in which state that gets established. I suspect if I call an estate planning attorney in SD he will tell me it has to be done there whether it is true or not, just to get the business.

Imagine that. Not trusting of lawyers!
sch911
Explorer
Oct 01, 2013
Tom N wrote:
A living trust will bypass probate and save substantially on estate taxes.

X 2

In this day and age you would be foolish not to set one up....
Tom_N
Explorer
Oct 01, 2013
A living trust will bypass probate and save substantially on estate taxes.

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Full-timing and wills (choice of state, insurance and stuff)

28 Replies

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