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Three Changes You May Need To Make To Your Estate Plan When You Move To A Different State

22 September 2017

Alexis Garcia

People move an average of 11 times in their lifetimes. Relocating from one place to another always requires an adjustment of some kind, and moving to a different state may necessitate that you make changes to your estate plan. Here are three such modifications that may be required to ensure your estate plan remains valid and legal.

Choose a New Executor

The executor of your estate is the person who is responsible for ensuring your heirs and beneficiaries receive the assets you want to leave to them. It's important to choose someone you can trust will carry out your final wishes. Unfortunately, some states limit who you can name as the executor of your estate.

For instance, Florida requires the executor be a resident of the state. Thus, if you move to the state, you'll have to replace your friend who lives in New Jersey with someone who has lived in Florida for the requisite amount of time. Other states require you to name someone who is related to you by blood or marriage.

It's essential that you research the executor laws in the state you're relocating to and choose an alternate executor if your current one doesn't fit the requirements. Failure to make this change may result in the court appointing someone for you.

Get More Specific About Marital Inheritances

Different states handle marital property in different ways. In community property states, anything acquired during the marriage belongs to both spouses, regardless of whose name it actually on the title or registration. In other states, only the person who name is listed on official ownership documents can claim the item. If you move to a state with the marital property laws differ from where you were previously living, then you'll definitely need to make the appropriate changes to your will.

For example, you may want your spouse to inherit the family vehicle. This wouldn't be a problem if you lived in a community property state, even if your name is the only one on the registration. If you move to a separate property state, however, you would either need to add his or her name to the registration or change your will to leave the vehicle specifically to your spouse.

Along those same lines, if you live in a separate property state and move to a community property one, you may need to take steps to turn marital property into separate property before you can give it to someone else. If you want to give the vehicle to your daughter, for instance, you may need to get your spouse to agree in writing that the vehicle belongs to solely to you; otherwise, the court may treat it as marital property and give it to your spouse instead of your child.

Update Your Living Will

Living wills (also called advanced directives) are generally valid regardless of where you choose to move to. The problem is that the paperwork may vary from state to state. Medical professionals handling your healthcare may be hesitant to accept documents from another state that don't adhere to a format they're not familiar with. This is of particular concern if you are in a same-sex relationship and live in an area that doesn't support it. The healthcare facility may use your out-of-state documents as an excuse to deny your spouse his or her rights.

To minimize this issue, it's best to update your living will documents to that they conform to the format and laws of your new home.

For more information about this issue or help making the requisite changes to your estate plan, contact an attorney at a place like Abom & Kutulakis LLP.

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