Moving Out of State? Don’t Leave Your Estate Plan Behind

If you’ve recently moved or are planning to, your estate plan may need a review.

This is because estate planning documents are subject to state laws, and each state has different requirements. Even if your will, power of attorney, or healthcare directive is valid in Michigan, it may not comply with the laws in states such as Florida, Arizona, or North Carolina.

While most states attempt to recognize documents from elsewhere, there’s no guarantee they will work as intended when your family needs them most..

Why Moving Across State Lines Can Create Estate Planning Gaps

Here are a few examples of potential issues:

Durable Power of Attorney: Your current power of attorney (POA) may be refused by banks or financial institutions in your new state if it doesn’t match their required format or language.

Advance Healthcare Directives: Certain states mandate specific wording, notarization, or witnesses for these forms to be valid. If your documents aren’t up to date, your designated decision-maker may not have authority over your care.

Wills: Your will may reference Michigan-specific laws or procedures that may not apply in your new state. This could delay probate or confuse your executor and beneficiaries.

Real Estate and Property Transfers: If you now own property in more than one state, you may inadvertently trigger multiple probate proceedings unless your estate plan is updated.

How to Protect Your Plan (and Your Family)

Whether you’ve already moved or are planning to, here are some practical actions to safeguard your estate:

• Schedule a Legal Review:
Consult with an estate planning attorney who is licensed in, or knowledgeable about, your new state’s laws. They can help identify which documents need updating and ensure your estate plan is compliant with local laws.
• Update Essential Documents: This may include revising your healthcare directive, drafting a new power of attorney, or updating your will or trust. You don’t have to start over; just make sure your existing documents align with your new state’s legal requirements.
• Check Beneficiaries and Titles: Relocation often involves opening new accounts, obtaining insurance policies, and transferring property. Take this opportunity to review and update beneficiary designations and confirm that titles to your assets are correct and up to date.

Let’s Make Sure Your Plan Moves With You

Moving is a fresh start, but your estate plan should never be left behind. We help families ensure their documents still work, no matter where life takes them. Whether you’ve already moved or are planning to, a short review now can save your family confusion, delays, and unnecessary costs later.