You may be wondering what measures you should take with your estate plan after moving to a new state. Read on and reach out to our skilled firm today to learn more. Our skilled Montgomery County estate planning attorney is on your side.
If I move to a new state, should I update my estate plan?
Keep in mind that in most circumstances, you will want to obtain a new set of documents that clearly satisfy your new state’s legal requirements. The good news is that you have already done the difficult portion, meaning that you have decided which documents you want and the essential elements you want them to achieve for your family. As a result, it should not be hard to acquire new documents that reflect the wishes you have previously settled on.
The following documents will likely need to be updated:
- If you prepared a will in your old state of residence and it was proper there, then it’s likely valid in your new state. Recognize that most states have laws that directly state this. Still, out-of-state can cause a number of possible problems or causes to consider writing a new will.
- Living Trust
- A revocable living trust is not subject to the same kind of rules as a will; it should be valid in any state, no matter where you signed it. But, you will want to make sure that it is up to date. If you acquire real estate in your new state, you will probably want to hold it in the trust, so that it does not have to go through probate when you pass away.
- Advance Medical Directives and Powers of Attorney
- Some states instantly accept advance directives (also understood as living wills) and healthcare powers of attorney that were signed in other states. Others don’t have any laws on the subject, which suggests that healthcare providers in your new states might withdraw out-of-state documents. But as a functional matter, despite what state law says, your family is more viable to have an easier time getting the document accepted if it’s acquainted with local medical providers.
- Each state has its own forms, and they greatly. Some states, for example, have a combined healthcare directive and power of attorney, so that in one document you both state your wishes for end-of-life care and name someone to carry out those wishes. In other states, the documents are independent. The wording can be different too; in some places, you appoint a healthcare “agent,” in others, a “proxy” to act on your behalf.
Contact our experienced Maryland firm
The attorneys at JD Katz have years of experience compassionately guiding clients in Maryland through the estate planning and administration process. Our firm also has experience with matters of elder law, business law, tax law, and litigation. For a legal team that will put your needs first, contact JD Katz today.