It can be very complicated to move to a new location, but this can also raise important questions about your existing estate plan as it relates to guardianship and subjects in a will.
If you move frequently because of your job, it is important to have a relationship with an estate planning attorney in your state of permanent residence or where you own property if this applies to you. Examples include flight attendants, who might have a home base and address in one city, but will live in different states and cities based on their most current work assignment.
If you move often, just verify that your old will and other estate planning materials are up to date and don’t miss any important components of your new state’s requirements. A quick review with a dedicated estate planning attorney in Pasadena, CA, can help. Since it’s a good idea to review your estate plan annually anyways, use this opportunity to verify tha everything is up to date.
While you don’t have to get a new will every time you move as a result of the full faith and credit component of the constitution, which means that records and acts of every other state should be given equal respect, healthcare directives and durable powers of attorney are less portable.
These should be respected and upheld from one state to another but it can be the occasion that medical professionals, banks, and financial and health care institutions do not accept forms and documents with which they are not immediately familiar. If you have recently moved to California and plan to stay here, however, it’s recommended that you update your estate plan to reflect your California residency and ensure the smoothest possible transition through probate.
Additionally, you will need to speak with an estate planning attorney about whether or not there are execution requirements that are different from one state to another. Perhaps you came from a state which does not require to have witnesses present as you signed your legal will or your durable power of attorney. You’ll want to clarify this with your new location as soon as possible to ensure that your documents have been properly executed.
Set up a meeting now with our Pasadena estate planning firm to get further information.