Full question:
I went to a lawyer when I lived in Montana during 2004 and made a will and my wife made one too. There has been some changes in our lives, mostly because all our children are over 18 now and we live in another state. We also have a trustee designated within the will. We now live in Washington state. I was planning on making a new will, a living trust and a power of attorney with USlegalforms.com My questions are: 1. Do I need to make another will or is the outdated one from Montana still good even though I live in Washington state now? 2.If I decide to make another will, can my wife be on my will or should she make another one too? 3. Will these wills be legal if I do not go through a lawyer and just have 2 witnesses and the will notarized? 4. Is it ok to store the will at our home or do I need to store it at the county or state office of records? 5. If I do not have a power of attorney, will my legal affairs be much more complicated when I am not coherent enough to make decisions? 6. Do I need to get all of our banking, car registrations, utility bills, home, or any other important paper work in both of our names or when one of us drops dead will the other person automatically take over everything without a lot of legal hassel. 7.We plan on staying here at this home until we conk out. But God may have plans we do not know about.I am in good health and 58 and my wife is in good health and 55. We just want to be ready to die and make the other persons job easy during grief or the trustee job easier if we both go see Jesus together. 8. Is Washington a shared property state?
- Category: Wills and Estates
- Date:
- State: Washington
Answer:
It is advisable to update your will when moving to a new state, even though your Montana will may still be valid. A will executed in another state is considered valid in Washington if it meets the legal requirements of either the state where it was made or Washington itself. You can check with the local probate court to see if your will can be filed there.
In Washington, a will can be valid even if created without an attorney, as long as it is properly signed, witnessed by two competent witnesses, and notarized. According to Washington law (RCW 11.12.020), a will executed according to the laws of the place where it was made is legally effective.
Regarding your wife's will, it is a personal choice whether you both create separate wills or a joint will, depending on your final wishes.
Storing your will at home is acceptable, but consider keeping it in a safe place where it can be easily accessed. You are not required to file it with a county or state office.
A power of attorney is highly recommended to simplify legal affairs if you become incapacitated. Without one, managing banking and other legal matters can become complicated.
As for property ownership, having joint accounts or titles can help ensure a smoother transition of assets. However, it’s wise to consult with a legal expert to understand how best to handle your specific situation.
Lastly, Washington is a community property state, meaning that property acquired during marriage is generally owned jointly by both spouses.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.