Most wills are legally binding even when you move to another state, but it’s always a good idea to make sure. If you are going to move, you should know if the state you’re moving to has dramatically different laws about passing down assets or other rules that could affect you. If you’re moving from somewhere else to the great state of New York, our Rockland County will attorneys can help you update your estate plan and make sure that you and your family won’t run into legal issues later.
Should My Will Be Valid in Another State?
If your will was properly made and witnessed, it should be valid when you move to or from New York. It’s always a good idea to check with an estate planning attorney first. If you need to make updates to your plan, you should handle that as soon as possible.
What Laws Can Affect My Will in Another State?
There are a few laws that can differ from state to state though. Even if your will is legally valid and you did everything right, it could be affected by a move to another states. Rules about any of the following can affect you and your estate plan:
- Who can serve as an executor of your will
- Whether a state follows community property rules
- Who can witness a will and make it valid
- How inheritances are taxed, if at all
Even if your will is valid, you may want to update who is the executor. If you’re moving here, New York allows an out-of-state executor. However, if you’re moving to another state your executor choice may no longer be valid. Some good examples of this are Florida, which requires an executor to be a blood relative or someone related by marriage, and Iowa, which requires you to pick an in-state “co-executor” if your executor doesn’t live in Iowa.
Should I Update My Plan?
Even if you’re not sure about whether or not your will is going to be an issue, now could be a great time to update your estate plan anywhere. It’s always a good idea to look over your plan after major life events. We would say that moving from one state to another qualifies.
You don’t have to update your plan on your own though. Meet with our lawyers and learn more about local laws and what kinds of estate planning tools you and your beneficiaries could make use of. Whether you have an estate plan that needs revising or you’re finally creating one of your own, we’re ready to assist you.
Talk to Our Estate Planning Attorneys
So if you are done with a move and all of the work that entails, make an appointment with our team. Just contact the Lauterbach Law Firm and ask to schedule a consultation. We are ready to help you with all of your estate planning needs.
