If you move to another state and are asking yourself whether you should throw out your estate planning documents, please read on, then contact an experienced Putnam County estate planning attorney to learn if you should create a new estate plan.
I moved to a new state – do I need a new estate plan?
A lot of effort probably went into the preparation of your will, trust, living will, advance directive, powers of attorney and other estate planning documents – not to mention a lot of money, if you hired a lawyer to draft them – and you probably do not wish to start over from scratch. However, if you have moved to a new state, it might be in your best interests to create a new set of documents that adhere to your new state’s legal requirements. Fortunately, most of the hard work has already been completed, such as the following:
- Which documents you feel you need
- The key things you want your documents to accomplish for your family
With that in mind, it should not be difficult to obtain new documents that reflect the wishes you have previously decided. If your estate planning documents are more than a few years old and/or you have undergone significant changes in your family – i.e. marriage, divorce, new children or grandchildren – or property since you signed them, you would be well advised to review them anyway.
How should my estate plan change after I relocate to another state?
While many states will accept estate planning documents finalized in another state, that is not always the case. Furthermore, the new state may impose changes on your documents to match their statutes. A quick guide is as follows:
- Marital property rules: Did you and your spouse move from a community property state to a common law state or vice versa? If so, the rules about what you and your spouse own can change.
- Executors: Some states restrict who can serve as your executors, such as limiting it to relations by blood or marriage or a resident of your new state.
These should be valid unless you have acquired real estate in your new state, at which point you should probably revise it.
Advance Medical Directives and Powers of Attorney:
Some healthcare providers might balk at out-of-state documents. Keep in mind that some states combine or separate these documents and apply different terminology.
These should be valid, but make sure you provide up-to-date contact information for both you and the beneficiary you named.
If you have any questions about this or other estate planning issues, please call Andres D. Gil, Esq. today.
Contact our Firm
If you or a loved one needs assistance creating an estate plan and wish to speak with an experienced attorney, contact the Law Office of Andres D. Gil, PLLC today.