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Review your estate plan if you decide to move to a new state

Feb 22, 2019 | Estate Planning

You’ve moved to Florida as a way to escape the colder northern temperatures, but with that comes some things you need to think about. While moving itself wasn’t difficult, there are factors such as your will and estate plan that you have to remember will need to be addressed.

If you have moved to a new state, it’s necessary to review your estate plan. Why? Some of the documents may no longer be legal or may fall short of meeting the requirements of the state.

What should you do to update your estate plan?

To start with, it’s a good idea to get in touch with an attorney in your new home state. This attorney will know more about the laws of the state and be able to help you update your will and estate plan to meet the requirements that the state has in place.

What are some items that may change in your estate plan after you move?

One of the things that might change is who you assign as your power of attorney or health care proxy. Both of these roles usually require a person to live near to you. If not, you need to know that they will be willing to travel if you become unable to take care of your needs on your own. When it’s time for them to step in, they need to be present.

If they live several states away, it might be hard for them to fulfill the role, which is why your attorney will suggest choosing a new power of attorney or health care proxy who lives closer to you or who is prepared to make the trip if necessary.

Also, keep in mind that your estate planning tasks do have the potential to need updating even without an interstate move. New laws could come into effect within the same state, just as new laws may affect your estate if you change states. If you don’t update your estate plan, you could find that the state invalidates it and that your estate is left to be distributed based on the state laws in Florida.

Moving is just one of many life events that triggers the need to review your estate plan. You can get into contact with a local attorney and make sure that your estate plan meets the requirements of the state. If not, they can help you adjust it and protect yourself and your assets.