We get many calls from clients and others wondering what happens if you make an estate plan in one state, but move to another. The answer is different depending on your estate plan. If you have a will, it should at least be reviewed by an attorney in the state you now reside in to ensure that it meets the new state’s requirements for Wills. If it does not meet the requirements in the new state, you need to execute a new Will. If you have a trust, however, there may be no changes that need to be made if it is executed in a way that allows it to hold property in the new state. We will address some things to look out for in trusts that may require an amendment.
- Why does my will need to be revised?
- Every state has different probate law. For example, look at Florida’s laws about personal representatives: Florida law requires the personal representative be related to you, or be a Florida resident. If you named your best friend in Georgia as your personal representative, they would be disqualified if you moved to Florida and passed there. Also, the person you named when you lived in Colorado may not be the best Executor once you’ve moved to Florida.
- How each state categorizes property – Arizona, California, New Mexico, Louisiana, Washington, Nevada, Texas, Wisconsin, and Alaska are all community property states. This means that these states make a distinction between community property and separate property, while Georgia does not. References to community property in your will would be ignored since Georgia law doesn’t recognize the variations.
- Self-Proving Affidavits – In place of finding the witnesses who signed your will after you pass to assure its validity, some states allow a self-proving affidavit, while others don’t. Self-Proving Affidavits can be a money and time saver in the probate process for states that allow them and if they are done correctly. The requirements for a self-proving affidavit differ between states, so it is important to verify that the self-proving affidavit in your Will meet the requirements of the new state.
There are many times where a will from one state can be probated in another state with little to no trouble. You may not always need a new will, but you should have it examined, and as with any big event in life, reviewing your estate plan is always a good idea.
- What about trusts? Trusts are commonly designed to be effective regardless of where you live or where you hold real property. A trust generally remains valid from state-to-state, but there are some considerations after a move.
- Unlike a Will, many trusts are designed to hold property from multiple states and, if funded correctly, avoid probate so state law is not an issue.
- Your trust, although valid, may be more complicated than it needs to be. A trust created in California is likely going to be longer, contain more provisions, and generally be more complex than a Georgia trust. With the distinction between community property and separate property and with State death taxes, there are more issues that need to be addressed for a California trust than in a Georgia trust.
- The laws in the state you moved to may be more beneficial to you now. A review of your Trust with local laws can prove beneficial by simplifying your trust terms or changing the law that controls your trust to help with tax issues.
- Some states require witnesses on trusts if real property will be held while others do not. A review of your Trust can identify whether there will be issues with titling real property in it and if so, if an amendment is needed.
Moving to a new state is a big event, and should also be a flag that it’s time for you to do a “wellness check” on your estate plan. Do the guardian provisions you created five years ago still need to be in effect? Is that best friend you named as your Executor still the appropriate person to act once you move 14 hours away? Perhaps a child you were estranged from has reconciled with you and it’s time to include them in your plan. Additionally, your Financial Power of Attorney documents and Advanced Directive for Healthcare documents are state specific and may need to be updated after a move. A move to a new state will affect each person differently, but it is always a good idea to do an in-depth analysis of your estate plan to make sure it is effective and best achieves your goals.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney client relationship between you and Grissom Law, LLC.