Do You Need to Update Your Estate Plan After a Move?


The Dorcey Law Firm

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Posted on

Jul 23, 2023


Florida - Southwest

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Keeping your estate plan current is essential. An up-to-date willtrust, or other document ensures that your wishes are articulated and can be carried out as instructed after your passing or if you become incapacitated. Updating your estate plan is especially important if you move to a new state. Estate laws vary from state to state, which means your existing plan might be invalid or delayed in your new home if it does not comply with statutes and regulations. You might want to consider reviewing your will and/or trust, Power of Attorney, and beneficiary designations. Additionally, you may need to determine how your new location handles things such as marital property.

If you've just moved to Fort Myers, Florida, schedule a consultation with Dorcey Law Firm to discuss your estate plan. Call (239) 309-2870 or submit an online contact form today.

Why Updating Your Estate Plan Is Important After a Move

Moving to a new state is an exciting life event, but it can come with a lot of logistical updating. One important task to attend to right away is reviewing your estate plan. This critical step should not be overlooked.

Your current estate plan likely complies with your former state's laws. Although many states will generally accept the documents created in other states, to ensure that yours remain effective in your new location, you might need to do some updating. This way, you can rest assured that your assets are protected according to appropriate laws.

Things to Consider When Moving to a New State

If you've recently moved, reviewing and updating your estate plan now can save you a lot of stress if something unexpected happens. Generally, it's important to make sure wills and trusts are revised and your advance directive outlines your medical decisions. It is also a good idea to think about the person appointed as your power of attorney.

Below are some of the documents and information that may need adjustments after your move:

  • Wills and trusts: If you've changed states, make sure any new assets have been included in your will or trust. This ensures that they are distributed according to your wishes. Similarly, learn how your new state handles marital property and determine whether revisions are needed to reflect your plan for asset distribution. It is also essential to consider whether the person you have appointed as your executor is still appropriate. Would it still be practical for them to handle estate administration after your passing, and does the new state have any additional requirements for appointing executors?
  • Advance directives: Depending on where you're moving, stricter requirements might be in place for granting authority for advance directives. If your current documents don't meet the standards of the new state, there might be delays in the process.
  • Power of Attorney: Although most states recognize Power of Attorneys and health care directives established in other states, updating these documents after your move may be important for practical reasons. You may want to make changes to appoint someone in your new state as a power of attorney as a matter of convenience.
  • Beneficiaries: You'll also want to consider the beneficiary information on your life insurance policies, retirement plans, and pensions. Although the move itself should not affect these details, it can be a great time to double-check that your beneficiaries are on record with your employer and that your personal information is correct.

Seek Advice and Guidance from an Attorney

If you've recently moved or are planning on moving, make sure that your estate plan is kept up to date to ensure that your wishes are properly carried out. With a little effort and research, you can bring your estate plan into compliance with the laws of your new home state. Taking the time to ensure that everything is accurate will give you and your loved ones peace of mind. An attorney can help ensure that everything is taken care of correctly, providing security and confidence in knowing that important matters have been handled appropriately.

To speak with one of our Fort Myers lawyers at Dorcey Law Firm, please call us at (239) 309-2870 or contact us online today.

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Local Services By This Author

Dorcey Law Firm

Elder Law 10181 6 Mile Cypress Parkway Suite C, Fort Myers, Florida, 33966

At Dorcey Law Firm, our experienced legal team have proudly represented numerous clients, focusing on areas like Estate Planning, Business Planning, Asset protection, Elder Law, and Probate. Over the years, our attorneys have efficiently managed and escrowed countless trust accounts. This includes meticulous work in our Probate & Trust Administration as well as our Estate Planning and Elder Law departments.  We understand that each client's needs are unique. Hence, our team is dedicated to tailoring services that not only meet your needs but also ensure that your estate plans are designed, executed, funded, and kept updated. Our in-house Trust Funding Department ensures that every estate plan crafted by our lawyers is fully funded. This commitment ensures our clients wishes are honored without unnecessary delays, excessive costs, or asset depletion.  By partnering with us, you're not just securing your assets; you're laying a foundation that benefits your family for generations. Additionally, our exclusive Auto-Pilot Planning Program (APP) is designed to keep your estate plan up-to-date with ever-evolving laws and life changes, ensuring seamless adjustments when needed.  Whether you've recently settled in Florida or have been a resident for years, or if you're exploring ways to protect your assets now or in the future, Dorcey Law Firm in Fort Myers is committed to helping you craft the perfect estate plan to care for your loved ones.