Should You Update Your Will When You Move to Another State?

Among all the changes you must make when you move to a new state — driver’s license, voter registration — don’t forget your will. While your will should still be valid in the new state, there may be differences in the new state’s laws that may make certain provisions of your will invalid. In addition, moving is a good excuse to consult an attorney to make sure your estate plan in general is up to date. Property laws can vary from state to state. It is especially important to have your estate plan reviewed if you move from a common law state to a community property state (Arizona, California, Idaho, New Mexico, Louisiana, Washington, Nevada, Texas, Wisconsin, and Alaska) or vice versa. In a common law state each spouse’s property is owned individually, while in a community property state, property acquired during the marriage is considered community property. In addition, states may have different rules about when co-owned property may pass to the surviving owner and when it may pass under the will.Other things to consider are whether there is any language you can add to the will to make it easier to probate in the new state and whether your executor still makes sense based on your new location. Other pieces of your estate plan may need updating as well. For example, the state may have different rules for powers of attorney or health care directives.

2 Responses to “Should You Update Your Will When You Move to Another State?”

  1. Eric Hundin Says:

    I found your blog on MSN Search. Nice writing. I will check back to read more.

    Eric Hundin

  2. Queretaro Says:

    Just wanted to say thanks for the great post ! Found your blog on Google and I’m happy I did. I’ll be reading you on a regular basis ! Thanks again :)
    Thanks,
    Donna

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Sheri Abrams has concentrated her law practice to the areas of Social Security Disability Law MORE...




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