Did you know that 1 in 10 Americans no longer live in the state where they created their estate plan? If you’re one of them, it’s worth asking: Will my will or trust still work the way I intended?
The short answer is that it’s a good idea to have your plan reviewed by an attorney in your new state to ensure it complies with local laws, and here’s why:
State Laws Differ on Wills & Trusts
Each state has its own rules about how estate planning documents must be written, signed, and executed.
For example, some states require two witnesses to a will; others require notarization. Property laws and the interpretation of trust provisions can also vary. A will or trust created in another state may technically be valid in Tennessee, but without adjustment, it may not carry out your wishes in the way you expect.
“We moved here from Ohio and our lawyer there suggested we redo our will here in Tennessee. We met with Trent…he was able to help us and explained how a few things worked that we were not too sure of. He made us feel very much at ease. I would highly recommend Trent for helping you make your last wants and wishes easier for your loved ones!” -Cheryl
Property Laws Can Vary Widely
Real estate is one of the biggest reasons to review your estate plan after moving. States have different rules for how property is owned, titled, and transferred. For instance, community property laws in some states are very different from Tennessee’s common law property system. If you bought a home here, you’ll want to make sure your estate plan accounts for Tennessee law, so your property passes smoothly to your loved ones.
“…Moving here from Minnesota in 2022 we decided it was time to put things in order for our family. We truly appreciate the experience and thoughtfulness that Dan and team provided us.” -Henry
Powers of Attorney & Healthcare Directives Are State-Specific
Documents like powers of attorney and healthcare directives are particularly sensitive to state law. Hospitals, banks, and other institutions may refuse to honor documents drafted in another state if they don’t meet Tennessee’s requirements.
Updating these ensures that in an emergency, the right people can step in to make medical and financial decisions on your behalf, without delay or confusion.
A Move Is the Perfect Time to Reassess Your Plan
Relocating often goes hand in hand with other life changes: new jobs, new homes, or even new family circumstances. Reviewing your estate plan after moving isn’t just about legal compliance, it’s also an opportunity to ensure your plan reflects your current goals, assets, and relationships.
“Trent held our hand during a difficult time for my sons and I. I can’t say enough how much that meant. From the conception to the finished product was a 5 star feeling. Thank you Trent and the fantastic team at Linville for welcoming us to Tennessee with such southern hospitality. To have this law firm in our corner allows us to sleep at night and continue on.” -Pamela
By taking the time to review and update it now, you can rest easy knowing your family, property, and future are protected under Tennessee law. At Linville Estate Law, we have helped hundreds of individuals who have moved from other states get their estate plan in place. If you are needing to update your plan, click here to schedule a free discovery call today.
