Individuals Encouraged to Review Estate Plans after Moving

Staff Writer, May 15, 2009

Many lawyers who specialize in estate planning recommend that after a move from one state to another, an individual or couple look over an estate plan. This is to ensure that state laws do not change any aspect of the will and other legal documents. Though many people tend to panic and think that they need to redraft some documents, often a simple “once over” will suffice.

Generally, a will or trust that is valid in one state will carry over to the new state, however, it is always recommended to have a specialist look over the documents to ensure that everything is in order and that an individual can avoid problems and maximize his or her benefits.

One issue especially that should be addressed by the individual if he or she moves is that of the “living will” or specific health care documents. Certain states have regulations about living wills that may require some updating or re-working.

Also, if a will or trust specifically references the “old” state’s laws, it may be difficult for the “new” state to enforce the will after the holder has passed away.