Which state for a will?

[Anonymous]

I recently moved my father into a senior home in a state closer to where me and my siblings live. We’ve gotten POAs established, but I need to have a will written next. He is renting his senior home, but owns property in the mid-west. Should the will be written in his current state where he is living or the state where he owns property and lived most of his life even if he’s not living there now?

[Anonymous]

What is his legal state of residence? Sounds to me like it is the senior home/state he is renting now.

A quick call to an elder attorney in the state he is in now will be able to answer.

[Anonymous]

Probably the state where he currently is. Ask.

Since he has property in different states, it might be easier to put the property in a revocable trust to avoid probate.

[Anonymous]

Anonymous wrote:Probably the state where he currently is. Ask.

Since he has property in different states, it might be easier to put the property in a revocable trust to avoid probate.

Likely in the state he was moved to but it isn't that easy. The real question is has he established residence and/or domicile in the current state he moved to? If for example, he moved because the OP moved him and he didn't want to move, there is an argument that he is still a resident of the Midwest state he resided in before being moved.

Saying that the best move would be to sell all the assets and locate them in his current jurisdiction at a minimum. Alternatively, setting up a revocable trust would avoid probate particularly if he is now considered to reside in jurisdiction A and owns real property in jurisdiction B. That means opening probate in 2 jurisdictions - that means more time, more money, more anguish.

[Anonymous]

Thank you for the responses!