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If I move to another state, do I need to re-do my estate documents?

| Apr 3, 2015 | Probate |

When moving state-to-state, whether to or from Florida, it is advisable to have your estate documents reviewed by an estate planning attorney.

This does not mean that the documents will need to be revised or amended–especially with regard to a Last Will and Testament or Living Trust. However, a knowledgeable attorney licensed in the state to which you move can advise if changes are needed.

Certain estate documents, such as a durable power of attorney, a healthcare power of attorney and a declaration of living will are very “state specific.” Often these documents are a creature of a specific state statute. When you move to another state, that state may have a different statute on the subject matter. As a result, it is not uncommon for the new resident of a state to need to update these documents. 

Recently, a client who moved to Florida from Michigan attempted to use a power of attorney prepared under Michigan law. The financial institution in Florida would not honor the instrument because it complied with Michigan law, but not with Florida law.

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