Generally speaking, legally executed wills and trusts prepared in one state are valid in another because of the full faith and credit clause of the U.S. Constitution. While revisions may seem like an unnecessary cost, issues could arise from a relocation that impact your estate plan and overall goals, so it is always best to consult an experienced estate planning attorney in your new state.
The following are issues that you need to consider when relocating:
- Does my estate plan include any specific bequests of real estate? If so, those will need to be updated if you sold the property and bought new property.
- Review the state laws for number of witnesses and notaries for each type of document and ensure compliance.
- Guardianship is subject to jurisdiction requirements. An old guardianship in another state cannot be recognized under the new state jurisdiction and must be updated.
- There can be significant differences from state to state in what is required on the forms or in the content of valid advance directives.
If you are relocating to the Greater Baltimore area, it would be wise to consult with Stouffer Legal for a brief review of your current estate planning documents to ensure they are in full compliance with Maryland laws. We may be able to suggest some minor changes that can make a huge difference in how things play out should you die or become incapacitated. Your future legacy is too important to leave to chance. Schedule a consultation with Stouffer Legal to review your out-of-state estate plan immediately 443-470-3599.