Moving to a new state brings many changes—new home, new doctors, new driver’s license. But have you thought about your estate plan? If you have a Will or Trust created in one state, you might be wondering: Do I need to redo everything now that I’ve moved? The short answer is: maybe. That’s why it’s smart to talk with trust lawyers near me after a move.
Let’s walk through what you need to know about how estate plans travel across state lines—and whether you need to update yours after moving to or from Minnesota.
Are Wills Valid in Other States?
Yes, in most cases, a Will that was legally signed and valid in your old state will still be recognized in your new state. Courts will usually honor out-of-state Wills—as long as they were properly signed under that state’s laws.
But here’s the catch: just because it’s valid doesn’t mean it works well in Minnesota.
Wills are used during the probate process, which is handled through each state’s court system. Probate laws and court procedures can vary widely. If your Will refers to rules or uses language tied to your old state’s laws, your family may face extra hurdles. For example, a Minnesota probate court handling a Tennessee Will may need to bring in a second attorney just to interpret the out-of-state document. That can increase both costs and delays.
Why Should I Update My Estate Plan After a Move?
Every state has its own estate planning rules, including how Wills are interpreted, who can serve as Executor, and what documents are needed. Here are some of the biggest issues to consider:
1. Executor Restrictions
Some states, like Florida, have strict rules about who can serve as your Executor. If your current Executor lives in another state and isn’t related to you, they may not be allowed to handle your estate. You may need to choose someone else or name a qualified backup.
2. Marital Property Laws
Community property vs. common law states treat property ownership between spouses differently. If you move from California (a community property state) to Minnesota (a common law state), your estate documents may need to be updated to reflect how ownership is handled.
3. Power of Attorney Issues
Financial institutions and hospitals may question out-of-state Power of Attorney forms. Even if your old documents are technically valid, they can create delays. Updating them in your new state can help things go smoothly in an emergency.
4. State Tax Differences
Income and estate tax laws vary. Some states have no estate tax, while others do. If you’re moving from a high-tax to a low-tax state, you may want to revise your plan to take advantage of the new rules. And if you want your new state to be considered your legal “home” (your domicile), it’s smart to sign new estate documents there to show your intent. Plus, if your estate plan is more than five years old, it’s time for an update regardless of whether you have relocated.
What About My Revocable Living Trust?
If you have a Revocable Living Trust, you’re in better shape. Trusts tend to be more portable than Wills because they usually don’t go through probate. That means they’re less tied to any one state’s court system.
For example, if you set up a Trust in Tennessee and then move to Minnesota, your Trust will likely still function well—especially if it’s properly funded and doesn’t depend on local court supervision.
However, trust laws still vary by state, and it’s a good idea to review your Trust with a local attorney to ensure everything is up to date. If you’ve bought property in your new state, you’ll want to transfer that property into your Trust. That helps your estate avoid probate and ensures your wishes are followed smoothly.
Looking up trust lawyers near me can help you find someone familiar with your new state’s laws who can guide you through the process.
What Should I Do If I’ve Just Moved to Minnesota?
If you’ve recently moved to Minneapolis, here’s a simple checklist to make sure your estate plan stays on track:
- Review your Will with a Minneapolis estate planning attorney
- Update your Power of Attorney documents for health care and finances
- Make changes if your Executor is no longer eligible
- Transfer new property into your Revocable Living Trust
- Sign new documents to help establish your new state as your permanent residence
This is also a great time to review your entire estate plan. Laws change, family situations evolve, and what made sense five years ago might not today.
Talk to Trust Lawyers Near You
The best way to make sure your estate plan works the way you want—no matter where you live—is to work with the qualified estate planning attorneys of Stone Arch Law Office who are experienced in Minnesota laws. If you’ve recently relocated, or are planning a move, it’s time to search for trust lawyers near me and get your documents reviewed.
You’ve already made a big move—don’t let outdated paperwork cause more stress down the road. Book a call with the dedicated Minneapolis trust lawyers of Stone Arch Law Office.
Reference: The American College of Trust and Estate Counsel (ACTEC) (July 17, 2019) “Should I Sign New Estate Planning Documents When I Move to a New State”
