Review Estate Planning Documents When You Move To A New State

You did a great thing by creating an estate plan with complete estate planning documents. However, many people make a common mistake. Such a mistake can undo much, if not all, of their planning.

As you know, estate planning documents are critical for ensuring your wishes are carried out after your death. Similarly, they protect your wishes if you’re incapacitated.

However, if these documents were drafted in one state and then you moved to a different state, it’s essential to review them periodically to ensure they remain valid and effective.

Each state has its own laws regarding wills, trusts, and powers of attorney. For example, some states have specific requirements for a will to be valid, such as the number of witnesses or notarization.

A will that was legally drafted in your previous state of residence may not meet the legal requirements in your new state. This could potentially render it invalid or open to challenge.

Additionally, tax laws and healthcare regulations can vary significantly from state to state. State-level estate taxes, inheritance taxes, or Medicaid rules can impact how your estate is managed and distributed. If your estate plan was designed under the tax laws of a different state, you may want to update it to reflect any new tax advantages or liabilities in your new location.

Another important consideration is how state law influences powers of attorney or living wills, especially regarding healthcare decisions.

Laws governing these documents can differ, and outdated provisions may not align with your current state’s requirements or medical practices.

Moving to a new state and not reviewing estate planning documents has created problems for many people.

Scheduling regular reviews of these important documents is an important preventive measure. Other circumstances that can also be tragically disruptive include divorce and births.

If you’ve recently moved to the area from another state and would like to schedule a review and update of your estate planning documents, give my office a call at (470) 235-7865. We will ensure your wishes are upheld and that your loved ones avoid potential legal issues and complications.

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!