When I got married, I went to open a joint checking account with my wife.  As part of the process, the banker asked for my driver’s license.  I handed over the license and the banker asked me if the address was current.  I laughed and said, “Nope, that was about 7 addresses ago.”  I was in law school at the time, and I had moved just about every year prior to going to law school, as I was in college and switched apartments often.  I lived at home during the summers, and I lived in different apartments, usually with different roommates, while in college.  I don’t move quite as often now, since I have my own house, and I like having my own space, but moving is a part of life.

I get a lot of calls from people who have moved, or have had a named personal representative, agent under a power of attorney, or successor trustee move.  The people calling usually insist that the estate planning documents need to be updated to show the current address.  Although I would love for this to be the case, as it would mean more legal work for me and more legal fees for me, the law does not require that every document be updated just because you move, or one of your assigned personal representatives, agents under a power of attorney, or successor trustees moves.  Although the law seems to have a poor understanding of many of the realities of life, the law does seem to understand that people move frequently.  Most of the time in estate planning, an address is simply part of identifying a named person, and the law understands that just because someone moves, that does not mean the person has changed who they are.

Even for those who move from out of state, an estate plan does not need to automatically be updated.  Wills and trusts can cross state lines, and still be OK.  If you do move between states, it is not a bad idea to have an estate plan evaluated, and potentially updated, by an attorney in the new state, but such an update is not necessarily required. Living in a fairly mobile society, like we do, is reflected in laws concerning estate planning.

 

Is My Estate Plan Still Good if I Move States?

The short answer here is yes.  State law does govern estate plans, so perhaps most people think they need to update their estate plan whenever they move states, but this is just not so.  If you have a will or trust, and move to a different state, your will or trust is still valid.  The full faith and credit clause of the United States Constitution establishes this is the case, so if you move to a different state, you can know that your estate planning documents are constitutionally protected.  I would think that would make you feel quite important!  Even the financial and medical powers of attorney that I write contain language that the documents will be enforceable in any jurisdiction, regardless of the formal requirements of each jurisdiction or state.

Of course, laws vary from state to state, so there may be some differences in the laws of the new state where you move, so you might want to have your estate plan evaluated, and potentially updated, when you move between states.  The move between states may not be the only change in your life since your last estate plan was completed, so moving states can be one of the determining factors in deciding to update your estate plan.  If you are moving states, perhaps enough has changed in your life that you might want to re-evaluate the terms of your estate plan, along with considering the laws of the new state where you live.

 

What Will Happen if I Don’t Update My Estate Plan After I Move States?

If you move across state lines, and do not update your estate plan, then your estate plan will be administered by the courts in the new state, but according to the laws of your previous state.  The judges and attorneys from the new state will certainly research the laws from the previous state to ensure your estate is properly administered, but they may not be as familiar with all of the aspects of someone who practices law in the current resident state as with your former state.  I am fully confident in judges and attorneys to properly administer your estate through your will and trust after you pass away, but I do not have the same confidence level in other people.

If you are injured and incapacitated, the hospital staff in a new state may not be as familiar with a medical power of attorney from your former state, and some delays may ensue from the unfamiliarity.  In a crisis situation, this can be frustrating.  Or, you may find a bank teller balking at accepting an out of state financial power of attorney to allow someone  to access a bank account, if needed.  The hospital staff and bank teller are simply not as well trained or well versed in the law as attorneys and judges will be.  Updating your estate plan may not be absolutely necessary, but doing an update could certainly make your life easier.  It is never a bad idea to make things easier on yourself by setting up an estate plan more understandable and familiar to your new state’s other residents.  The easier you can make it on other people in your new state, the easier life will be on you.

 

Do I Need to Update My Estate Plan, Or Not?

You don’t necessarily need to update your estate plan, but it may be a good idea.  Updating your estate plan when you move, especially between states, can allow your estate plan to reflect your current life circumstances and make things easier on you in your new state.  You will want to review your current estate plan with an attorney in your new state, so that the attorney can let you know if something in the current estate plan should be updated to reflect the new state’s laws.  You will be the one who can let the attorney know about the changed circumstances in your life, and together you can draft an updated estate plan to reflect your new wishes and desires after you have moved.  If you have recently moved to Colorado from out of state, I can help you get your estate plan updated.  You can schedule an appointment to discuss what needs to be updated in your estate plan below.