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March 2021 Q&A

Posted by Kevin Martin | Mar 01, 2021 | 0 Comments

QUESTION: Do I need to create a new will if I move to another state?

-Curious Mover

ANSWER:        

Dear Curious:

Most states will accept a will that was executed properly under another state's laws. However, there could be differences in the new state's laws that make certain provisions in your will invalid. 

Here are a couple things you should review in your will when moving:

Your executor: Consider whether or not the executor you've chosen will be able to serve in that role in your new location. Every state will allow an out-of-state executor to serve, but some states have special requirements for executors, such as requiring them to post a bond. Other states require non-resident executors to appoint an agent who lives within the state to accept legal documents on behalf of the estate.

Marital property: If you are married, consider how your new state treats marital property. While a common-law state might treat the property you own in your name alone as yours, community-property states treat all of your property as owned jointly with your spouse. If your new state treats marital property differently, you might need to draft a new will to ensure your wishes are honored.

If you're moving to a new state, meet with us, as your Personal Family Lawyer®, to have your will and other planning documents reviewed.

About the Author

Kevin Martin

Kevin Martin is an attorney who practices in Washington, D.C. and the State of Georgia. Kevin focuses his practice on wills, trusts and estate planning. Kevin deeply cares about his community and has an active pro bono practice. Prior to starting his law practice, Kevin served as a career Fore...

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Kevin C. Martin, Attorney at Law, PLLC is committed to answering your questions about Wills, Trusts and Estate Planning issues in Washington D.C.

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