We know you've been told that you need to make a Will. But ideally, life doesn't stop when you finally get around to making one. Life goes on and changes in myriad ways. You might marry, have children, or divorce--all big events that require amending your Will. But what if you just move from one state to another? Legally speaking, an estate plan properly drafted and signed under one state's laws will most likely be valid in any other state.
But in reality, estate plans don't always cross state lines very well. You might want to consider amending your Will and other estate planning documents as well for a few reasons.
Each state has its own laws when it comes to creating and implementing documents like Wills, Trusts, Health Care Directives, and Powers of Attorney. This means that after you move, your estate planning documents may function in your new state, but your estate could have some extra hurdles to overcome.
There's also the issue of your personal representative--he or she may still reside in your old state as well. Some states have laws requiring that personal representatives reside in the state where your Will is being probated. If your new state is one of them, the court will appoint another personal representative to handle your estate, perhaps not a person you would have chosen.
If you've moved to a new state, or if your estate plan is more than a few years old, have it reviewed by an experienced estate planning lawyer in your current location. It's also a good idea to get your estate plan reviewed in states where you own real estate or a business because chances are your documents will need to work there, too.
We have over 21 years' experience representing clients and advising them on their estate plans. If we can be of service to you, your family, friends, neighbors, or co-workers, give us a call at 253.858.5434 to set up an appointment. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.