When you move to another state, your new place of residence could have different rules about wills and estate plans. You need to make sure that your will is valid. If it isn’t and you never update it, your family may have to go through an extended probate process and your assets might not even be inherited by the right beneficiaries! Fortunately, this is an easy problem to address. Just talk to a Woodland Hills will attorney from our firm and make sure that your plan won’t be adversely affected by state laws.
Can the Laws of Another State Affect My Will?
Yes, different states can have different laws about wills and what makes them legally valid. When you move to another state you could find that there are different rules about:
- Who can serve as executor
- Who is considered a valid witness at a will signing
- Spousal property rights
If any of your new state’s laws affect your will, that can cause problems later. For example, you don’t want your will to name an executor who lives in a different state if your new state of residence does not allow that.
Should I Update My Estate Plan When I Move to Another State?
An estate plan is not just something that you should set and forget. We always recommend that our clients update their plan after major life changes. We would say that the move to another state can qualify.
So now is a great time to look over your will and the rest of your estate plan. Even if you do not have to make any changes due to the laws of your new state of residence, maybe you want to make other changes. Maybe it’s time to adjust your list of beneficiaries or set up a charitable trust that can continue to support your favorite causes after you have passed away. Our lawyers can help you with that.
Will My Holographic Will Be Valid in Another State?
One final note, it’s especially wise to think about updating your will if you have a holographic will. This type of will can be legally valid in some states, but it has fewer requirements than a traditional will. As a result, some states do not accept it or they only accept it in certain circumstances.
If you move to another state and you have a holographic will, you absolutely must make sure that your will is still valid. If it’s not, you need to create a new, legally binding document that can help your family avoid an extended probate process and other headaches when you pass away.
Contact Our Law Firm Today
When your estate plan needs an update, contact the Law Offices of Yacoba Ann Feldman. Our experienced attorneys are here to help you with all stages of the estate planning process. Whether you just need to edit a will or you need to make more sweeping changes, we’re ready to assist you.
