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Your will, trust, and powers of attorney may be professionally written to perfectly express your wishes and give them the force of law. However, that authority doesn’t always cross state lines when you relocate to a new jurisdiction. While the court may respect estate planning documents created to meet the requirements of another state, they may also open the door to legal challenges and uncertainty.

Why You Should Revisit Your Estate Plan After Moving to a New State

1. Ensuring Your Will Is Valid

Most states will honor wills that are valid in the state where they were written, but certain provisions may be interpreted differently or invalidated. For instance, Ohio law prohibits most nonresidents from serving as an executor, so the court may appoint someone you may not have chosen. Some states also divide marital property differently, which means you may not be able to pass down certain assets.

2. Including New Assets

estate planningMoving often means selling valuable assets and acquiring other property, all of which should be reflected in your estate planning documents. For instance, if you sold your previous home and bought a new house, your will or trust should be updated to include those changes.

3. Validating Powers of Attorney & Living Wills

Most states recognize powers of attorney and living wills that are valid in your home state, but healthcare providers and banks may refuse to accept them. Financial institutions in particular often have very strict rules about recognizing powers of attorney, which can cause serious problems if you’re incapacitated. Having an estate planning attorney craft new documents will ensure that those you trust will have the authority to manage your affairs in an emergency.

 

If you’re moving to the Hamilton, OH area, trust Pater, Pater & Halverson to ensure your estate planning documents are valid in your new state. They’ve been serving families throughout the community for more than a century, developing a long-standing reputation for reliability and personalized service. Visit their website to learn more about their estate planning services, or call (513) 867-1411 to arrange a consultation today.

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