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I Moved To a New State. Do I Need a New Estate Plan?

state 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 which documents you feel you need and the key things you want your documents to accomplish for your family. For more information on updating your estate plan after moving to a new state, please read on, then contact an experienced Rockland County wills, trusts and estates attorney today.

Should I make a new estate plan if I move to another state?

With the above in mind, it should not be difficult to obtain new documents that reflect the wishes you have previously decided. If the following conditions are met, you should update your estate planning documents:

  • Your estate planning documents are more than a few years old
  • Since signing them, you have undergone significant changes in your property or family:
    • Marriage
    • Divorce
    • New children or grandchildren

What changes should I make to my estate plan after I move to another state?

You should know that not every state will accept every aspect of an estate planning document finalized in another state. Indeed, some states will impose changes on your documents so that they adhere to local standards. The following is a quick guide:

Wills:

  • Marital property rules: Is your old state a community property state and your new one a common law state or vice versa? If so, that could change the rules about what you and your spouse own.
  • Executors: Some states restrict eligible executors to blood or marriage relations or residents of their states.

Living trusts:

You should probably revise your living trust if you have acquired real estate in your new state. Otherwise, it should be valid.

Advance Medical Directives and Powers of Attorney:

Keep in mind that some states combine (or separate) these documents, apply different terminology and that some healthcare providers may refuse to follow out-of-state documents.

Beneficiary Designations:

So long as you provide the current contact information for you and your named beneficiaries, these should be valid.

Please give us a call today if you have any questions about this or other estate planning issues.

Contact our Firm

The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.

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