After moving to a new state, one of the first things you should do is meet with an attorney to determine if an update to your estate plan is needed. Every state has its own laws regarding estate planning. Documents such as powers of attorney, advance directives and wills are set by state statutes. Signature requirements are sometimes different. If your estate plan does not meet the laws of the new state, it could cause a significant delay in processing your estate. For these reasons, you should ask an attorney to review your documents to determine if they are compliant with the new state’s laws and to determine if any changes are necessary.
Documents to Review/Update
Although most states will accept a will from another state if it was executed pursuant to the old state’s laws, you still need to ensure that your will represents your current assets. After moving, it is a good time to review your will to determine if it meets the new state’s laws for execution. In Georgia, your will needs to be witnessed by 2 persons who are not beneficiaries under the will and if the will is self-proving, you must also sign the affidavit with the 2 witnesses and a notary – some states don’t require your signature on the self-proving affidavit but in Georgia, your signature is required on both the will and self-proving affidavit. In addition, when you are reviewing the will, review it to ensure that it properly reflects your wishes taking into account your recent move.
Other documents you should update include:
- Powers of attorney: Financial powers of attorney are governed by state statutes, which vary from state to state. Your new state might require a different method of signing this document or how authority is granted to the person you have named as your agent. While you update your powers of attorney for the new state, you can also update the document to reflect your current wishes.
- Health care documents: Living wills, advance directives and healthcare powers of attorney are those documents that tell doctors what to do if you become incapacitated or cannot make healthcare decisions on your own. They also appoint people to make these decisions for you. These documents vary from state to state, so you should confirm with your physician and attorney that your current documents can be used and if not, execute documents under the new state law.
Probate
Probate laws are also different for each state. You might have your estate set up to avoid probate in the old state, but if the law differs, your plan might need to be adjusted to avoid probate in the new state. An estate planning attorney in the new state can help you review your estate plan so that it functions as planned.
If you just moved to Georgia, contact Grissom Law, LLC, our attorneys will assist you in reviewing and updating your estate plan to best reflect your wishes.
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.