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It's Quite Possible That My Wife and I May Relocate Within the Next Few Years. Will We Have to Replan Our Entire Estate with an Attorney in Our New Home State?

It's Quite Possible That My Wife and I May Relocate Within the Next Few Years. Will We Have to Replan Our Entire Estate with an Attorney in Our New Home State?

The U.S. Constitution guarantees that “full faith and credit” must be given in any state to any living trust agreement that was valid in the state in which it was created and executed. Thus, if your trust is valid in the state in which you signed the document, it will continue to be valid should you relocate to another state. Your agreement will generally not need revision to carry out your wishes, ‘regardless of where you live. It is always a good idea, however, to check with a qualified estate planning attorney to see if any aspects of state law in your new home state will affect your plan. This is especially true if you relocate to a community property state from a separate property state, or vice versa.

States do have different requirements with respect to pour-over wills, living wills, durable powers of attorney for health care, and other documents. It is imperative that you have an attorney in your new home state review those documents to make sure that they comply with the laws of that state.

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