Share

The Montana Estate Lawyer

Friday, September 15, 2017

What effect does moving out of state have on your estate plan?

Generally speaking, an estate plan, including a will or trust and powers of attorney, validly executed in one state will be valid under the laws of any other state. From a practical standpoint, however, there are potential issues that may arise when you move to a new state, such as what law governs, state specific requirements, and reluctance by a third-party such as a bank to accept an out-of-state financial power of attorney.

The state laws that govern estate planning documents differ from state to state, with sometimes the differences being minimal and sometimes the differences being substantial. Although the documents may function outside of the state in which you executed them, there may be extra steps necessary such as locating witnesses and obtaining affidavits in order to put them fully into effect. In extreme cases, documents drafted in one state will not be enforced in another state due to the vastly different state laws.

All estate planning documents need to be periodically updated as a person goes through significant life events. Therefore, it is good practice to have all of your estate planning documents reviewed by an experienced attorney after an out-of-state move, and updated as appropriate.

Jon


Archived Posts

2019
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017
December
November
October
September
August
July
June
May
April
2016
2015
2014
2013
2012
2011
2010


Our law firm, attorneys and lawyers handle matters throughout Montana (MT), including Billings, Bozeman, Great Falls, Havre, Helena, Kalispell, Lewistown, Livingston, Missoula, Shelby and Whitefish.



© 2019 Scott, Tokerud & McCarty, P.C. | Disclaimer
Eight 3rd St. North, Suite 507, Great Falls, MT 59401
| Phone: 406-727-2200

Estate Planning | Elder Law | Veterans Aid & Benefits | Advanced Estate Planning | Probate / Estate Administration | Business Law | Business Succession Planning | Purchase/Sale of a Business | Special Needs Planning | Guardianships | Asset Protection | Planning for Children | Pet Trusts | Events | Articles & Videos | Professional Advisors | Newsletters

Attorney Website Design by
Zola Creative