Do I Need a New Will if I Move to a New State?
Opportunity increasingly carries Americans to new destinations. Recently, a lot of folks from California and Ohio seem to be making their way to Frisco, Texas. Although many of these new and welcomed Texans make the move for employment related purposes, many are also retirees settling closer to their grandchildren. Whatever the purpose, estate planning attorneys are often asked, “Is my will and trust good in Texas?”
Assuming that the will and trust were executed properly, a will and trust from another state will be valid in the new state. However, it’s not always the best route in a new state. For instance, many wills from other states don’t allow for independent administration. In Texas, independent administration greatly reduces the burden on an executor probating a will. Additionally, older wills from other states may not include self-proving affidavits. Again, the inclusion of a self-proving affidavit can greatly reduce the burden on an executor.
Often, though, many people start looking at their wills and determine that it simply needs to be updated due to life circumstances. For instance, the original will may have been drafted when the children were young. Now, the children may be 30+ years old, and it makes more sense for one of them to serve as an executor instead of an elderly parent. Younger couples may want to update their guardianship selections. Or, perhaps there are blended families, in which case the Texas descent and distribution laws can be incredibly unfavorable.
Regardless, it can be a good idea for an attorney to review your estate planning documents created in another state.
Robert Newton is an attorney based in Frisco, Texas, that practices estate planning, real estate law, and business law. This post is meant for informational purposes only and does not constitute legal advice.