Moving from one state to another may have you embark on significant changes in your life. But you must adapt wherever necessary. So whenever you are finally settled, you should locate and review your last will and testament, to determine whether your move affected any of its established terms and conditions. You must not think of this as a necessary step of the moving process, but it is nonetheless important. Continue reading to learn whether you have to update your will if you move to another state and how an experienced Putnam County wills attorney at the Law Office of Andres D. Gil, PLLC can help you make these changes.
Do I have to modify my will if I move to another state?
Usually, nothing within your already-established last will and testament would make it invalid and unenforceable in another state. However, there may be certain terms and conditions that do not seamlessly adapt to your move from state to state.
For example, the state where you previously resided may have had different requirements for the number of witnesses needed for your will. Or, your current home state may impose state estate taxes while your previous one did not. Last but not least, you may simply need to update the contact information and residential address disclosed within this estate planning document.
This is why it is just best to review and modify it as deemed necessary. At the very least, you may save your loved ones from experiencing complications with the New York State surrogate’s court when it comes down to enacting its provisions.
Under what other conditions should I update my will?
It is a general rule of thumb that you should update your last will and testament whenever you undergo a noteworthy life event. So, aside from moving to another state, below are other circumstances that may constitute a modification:
- You have a change in marital status (i.e., divorced, remarried, widowed, etc).
- You have a change in the number of your dependents (i.e., new children, grandchildren, etc).
- You have a change in the amount of assets within your estate (i.e., new inheritance, new purchases, etc).
- You have a change in who is willing and able to serve as your executor (i.e., the original moved away, passed away, etc).
With that being said, if you find a change necessary, you must formally write a codicil or create a new will altogether. For one, a codicil is a separate document that amends your existing will. On the other hand, a new will requires the original will to be destroyed, along with a disclaimer acknowledging the original being null and void.
Now that you have this background knowledge, your next step should be to employ a skilled Putnam County estate planning attorney to represent you. So contact us at the Law Offices of Andres D. Gil, PLLC today.