Moving Your Estate Plan – 3 Questions

Question 1: Will I need to create a new estate plan after I move?

Maybe. All your estate planning documents, such as your Will or medical directives, will be legally valid as long as you made them in accordance with the laws of the state where you live. Once you move to a new state, courts will generally recognize the documents’ validity as long as they meet the legal requirements of your original state. However, there are some instances in which you may want to change your estate planning documents.

Question 2: What will I need to change?

That depends. If you move to a different location within your current state, you won’t have to change anything. However, moving to a new state is a different situation. Once you move you should find a local estate planning attorney who can review your documents in light of the laws of your new state. You may need to change some phrasing or details, and you may have to make new documents in some situations.

Question 3: What if I move far away?

The practical concerns that accompany a long-distance move may prompt you to make some estate planning changes. For example, if you created a Health Care Power of Attorney and named an agent who is now located several thousand miles away, you will probably want to update the document. If your agent is not easily reached by your doctors in a time of need, you may want to appoint someone who is located closer to you or who can be contacted more easily.