When you move to another state, your will might not even be something that you think about. Once you move to a new place, your will and estate plan are probably still valid, but “probably” isn’t good enough when it comes to your assets. A Washtenaw County wills attorney from our firm can answer your questions and see if your estate plan needs any updates.
How Can Moving to Another State Affect My Will?
Some states have different rules about wills, executors, and property division. You need to be aware if there are any changes that could affect your estate plan. Some things to look out for include laws about:
Executors: What are the qualifications to be an executor? Can you assign a person who lives in a different state than you? Different states have different rules, so updating your will to pick a more appropriate executor after a move can be a good idea.
Witnesses: Wills need to be created in the presence of witnesses to make them valid, but when you move to another state you might find that its rules about who can qualify as a witness are different. It’s a good idea to make sure that your will is still valid.
Estate taxes: If you have a particularly large estate, your assets could be taxed as they are passed down. Some states have an estate tax, but others don’t, so making an estate plan with local tax laws in mind is wise.
Will My Holographic Will Be Valid in Another State?
It’s also important to talk about “holographic wills.” These have looser requirements than a traditional will. Some states, like Michigan, will accept them, while others do not. Further complicating matters is that there are certain states that will recognize a holographic will, but only if it’s from a member of the United States armed forces! So if you have a holographic will, you need to check local laws after a move to another state.
Should I Talk to an Attorney About Updating My Estate Plan?
It’s always a good idea to update your estate plan after a big life event and we would say that a move to another state definitely qualifies as one. If you want to be sure that your new estate plan aligns with state laws and rules about wills, then it’s just a smart idea to go to an estate planning attorney.
Our experienced lawyers can help you update a will, but they can do so much more. If you have questions about trusts or other arrangements that can protect your assets and your beneficiaries, just ask.
Schedule Your Consultation
Do not let a move to another state interfere with your plans to leave assets behind for your loved ones. Contact Collis, Griffor & Hendra to ask about scheduling a free consultation. We want to hear more about your goals and help you create an estate plan that makes it easier to meet them.
