Whether or not your estate plan is valid if you move to another state depends on the type of estate plan you have and the laws in the state you are moving to.
In general, if you are moving to another state, it is important to check the laws of the state you are moving to to make sure your estate plan is valid. Depending on the type of plan you have, you may need to create a new plan to ensure it is valid in the new state.
If you have a will, it is generally valid in all states, as long as it was valid in the state you created it in. However, some states may not recognize certain types of wills, such as holographic wills, which are written and signed in the testator’s own hand. It’s important to check the laws of the state you are moving to to make sure your will is valid.
If you have a trust, it is also generally valid in all states, provided it was valid in the state it was created in. However, some states may have specific requirements for trusts, such as the need for a trust protector or a trust advisor. Again, it is important to check the laws of the state you are moving to to make sure your trust is valid.
If you have a power of attorney, the validity of this document varies from state to state. Some states may honor the same power of attorney from another state, while others may require a new power of attorney to be created in the new state.
If you have a health care directive, this will also vary by state. Some states may honor the same health care directive from another state, while others may require a new health care directive to be created in the new state. Again, it is important to check the laws of the state you are moving to to make sure your health care directive is valid.
Talk to a Lawyer about Your Estate Planning
If you recently moved to a new state, we recommending having your estate plan reviewed by an attorney to ensure your estate plan is valid and up to date. Although most estate plans are valid in all states, there may be specific requirements in the state you are moving to that need to be met.
The best way to ensure that your estate plan is valid in your new state is to consult with an estate planning lawyer who is familiar with the laws in that state. Alawyer can advise you on what changes, if any, need to be made to your estate plan to make sure it is valid in your new state.
At Petrelli Previtera, LLC, we understand that moving to a new state can be a stressful process, and we are here to help. We have lawyers who are knowledgeable about the estate planning laws in your new state and can advise you on any changes that may need to be made.
Our lawyers also have helped clients who have recently moved and need to update their estate plans. We can review your existing estate plan and advise you on any changes that need to be made to make sure it is valid in your new state.
If you recently moved and have questions about the validity of your estate plan, please contact us today. We will be happy to discuss your situation and provide you with the legal advice you need.