My wife and I live overseas and want to create wills. Are there any special procedures to creating a will from overseas? Also, we come from different states but have permanent addresses valid for both of us in both states. Is it beneficial to file wills in the same state or should we just chose our birth states?

Bryan Zlimen ∙ September 12, 2019

Your wills generally should be governed by the laws of the state that you either permanently reside in or have assets (usually real estate) in. If you are living in another country and pass away while you are there, the laws of that country would govern any assets in that country, while your US Wills would govern assets here. Issues such as this require a more in depth understanding of your circumstances, and are better suited to a 1-on-1 discussion. Check out LegalZoom’s Legal Plan. Membership provides access to provider attorneys that can discuss with you your specific situation, your rights, applicable State and Federal laws, and remedies or options.

Bryan Zlimen is licensed to practice law in the state of Minnesota, and his comments may only apply to that jurisdiction. If your question applies to a different jurisdiction you should check with an attorney in that jurisdiction. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.

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