18 Sep Why You Need Your Estate Planning Documents Reviewed After Moving to a New State

 

One question that comes up as clients think about retirement or make decisions such as selling a business and moving to a new state, is do they have to start over with estate planning documents if they move? Or if they have moved to Oklahoma but their estate planning documents are from another state, what should they do? While estate planning documents that are valid in one state *should* be valid in the new state, it is still a good idea to at least get a consultation with an estate planning attorney in your new state.

 

Here are some reasons why reviewing and potentially updating your estate planning documents after a move is crucial:

 

1. Different State Laws May Affect Your Estate Plan

 

Each state has its own set of laws governing estate planning, including wills, trusts, powers of attorney, and healthcare directives. While many states recognize estate planning documents executed in other jurisdictions, discrepancies in state laws can lead to unintended consequences. For example:

• Wills: States may have different formal requirements for a will to be valid, such as the number of witnesses or specific language that must be included. If your will doesn’t comply with your new state’s laws, it may not be considered valid. You also should make sure you have your Original (not a copy) Will!

 

• Trusts: While most revocable living trusts are portable between states, some state laws may influence how the trust is administered, taxed, or interpreted. 

 

• Power of Attorney: States often have specific forms or rules for financial and healthcare powers of attorney. An out-of-state power of attorney may not be accepted by institutions or medical providers in your new state.

 

2. Homestead and Property Laws

 

In certain states, particularly those with homestead exemptions, the way your home is titled and protected under the law may differ significantly. These laws can have a major impact on your estate plan. If you’ve purchased a home in your new state, it’s essential to understand how state-specific property laws may affect your estate.  For instance, some states have laws that provide spouses with automatic inheritance rights or protections when it comes to real estate, even if your estate plan says otherwise. Understanding how these laws apply to you can prevent conflicts down the road. Also, if you have property in multiple states, you should make sure all of your property has been addressed in your planning.

 

3. State Taxes

 

Estate, inheritance, and gift tax laws vary from state to state. Some states impose their own estate or inheritance taxes, which may be in addition to federal estate taxes. If you’ve moved from a state with no estate taxes (like Oklahoma) to one that has them (or vice versa), your estate plan might need adjustments to account for these changes and minimize tax liabilities for your beneficiaries.

 

4. Healthcare Directives and Living Wills

 

Many states have their own healthcare directive forms and requirements. Your advance directive/ living will, which outlines your wishes for end-of-life care, might not be recognized or enforceable if it doesn’t comply with the laws in your new state. Similarly, healthcare power of attorney documents may need to be updated to reflect the specific requirements of your new state’s laws and healthcare system.

 

5. Guardianship Provisions

 

If you have minor children, your estate plan may include guardianship provisions that designate who will care for them in the event of your passing. States have differing laws on guardianship, so it’s essential to ensure your chosen guardian will be able to serve in that capacity under the laws of your new state. Failing to address this could complicate the guardianship process for your loved ones.

 

6. Community Property vs. Common Law States

 

If you’ve moved from or to one of the few community property states—such as California, Texas, or Arizona—this could impact how your assets are distributed.

 

7. Probate Process

 

The probate process, which governs how your assets are distributed after death if you have a Will or have no documents in place (intestate) can differ dramatically from state to state. Some states have streamlined probate procedures, while others are more cumbersome and expensive. Understanding your new state’s probate laws can help you take steps to avoid probate or minimize its impact on your beneficiaries.

The Bottom Line: Don’t Wait to Review Your Estate Plan

 

Estate planning is not a “set it and forget it” process—especially when you move to a new state. By working with an attorney in your new location, you can ensure that your estate planning documents comply with local laws and continue to reflect your wishes. Proactively reviewing and updating your documents will give you peace of mind knowing that your loved ones are protected, no matter where you live.

If you’ve moved to Oklahoma and want to review your existing planning documents from another state, schedule a consultation, and let’s talk about what makes sense for your family and your planning situation.

 

jamie@jmillerlawfirmpllc.com, 918-938-1322, or schedule online on our website.

 

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