• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

Your Lawyer through the Lifespan™  774-203-9003

  • Facebook
  • LinkedIn
  • Twitter

Walecka Law, P.C.

  • About
    • Events
    • Testimonials
  • Blog
  • Practice Areas
    • Estate Planning
    • Elder Law
    • Estate & Trust Administration
    • Estate Tax Planning
    • Long-Term Care Planning
    • Special Needs Planning
    • Guardians & Conservators
  • Estate Planning
  • Elder Law
  • Contact

Mobile Menu

  • About
    • Events
    • Testimonials
  • Blog
  • Practice Areas
    • Estate Planning
    • Elder Law
    • Estate & Trust Administration
    • Estate Tax Planning
    • Long-Term Care Planning
    • Special Needs Planning
    • Guardians & Conservators
  • Estate Planning
  • Elder Law
  • Contact

Schedule a Consultation!

Now is a great time to schedule your intial consultation with Attorney Brandon Walecka to discuss all of your estate planning needs. Please contact us today.

You are here: Home / Estate Planning & Trusts / The Problem with Out-of-State Documents

The Problem with Out-of-State Documents

September 16, 2021

image_pdfimage_print

By: Brandon C. Walecka, Esq.

Walecka Law, P.C.

774-203-9003

Brandon@WaleckaLaw.com

I am often asked whether moving from one state to another requires someone to redo their legal, estate planning documents.  While I obviously do not have knowledge of the laws in every state, my general answer is that if a will, power of attorney, or health care proxy were prepared and executed in accordance with the home state, they should be valid in the new state.  

Even with this answer, I always encourage my clients who decide to move out of Massachusetts that they should at least consult a qualified estate planning and elder law attorney in their new state to review the documents they prepared with me to ensure that they comply with the new state’s laws.  This new attorney may suggest updates or changes to comply with the new state.  

Whenever there is a trust involved, whether irrevocable or revocable, I strongly encourage my clients to also have the trust reviewed.  Trusts are complex legal documents, which are typically controlled by the home state’s laws and can create complications when administered in a different state.  Another reason to update your trust is that estate taxes differ by state. The laws of the state where you reside at your passing can have a dramatic effect on the taxes that your family will be responsible for paying at your death.  Massachusetts, for example, has a rather low estate tax exemption of $1 million.  Depending on the estate you move to, this exemption can be much larger or smaller, resulting in significant estate tax that may be avoidable.  

Each state is different and therefore each state’s laws are different.  If you just moved to Massachusetts or plan to move to another state from here, you should seek guidance from a qualified attorney to review your existing plan.  

The information contained in this article is not intended to make you an expert on estate planning nor is this article intended to replace the need for the advice of a professional. Rather, this article is simply intended to provide a basic understanding of why estate planning is important for everybody and a basic understanding of some of the more common estate planning tools.  This article does not constitute legal advice.  

Filed Under: Estate Planning & Trusts

Looking for immediate answers to your questions?

Schedule a consultation today!

Walecka Law, P.C. is an estate planning law firm to help with all of your estate planning and elder law needs.

You May Also Be Interested In:

Pause Before Signing That Health Care Proxy

We’re Hiring a Paralegal!

Estate Planning This Holiday Season

We Make House Calls!

Forbes Article: IRS Announces Estate And Gift Tax Exemption Amounts For 2023

An Estate Planning Warning For Married Massachusetts Residents Who Are Not US Citizens

Do Not Leave Healthcare Decisions to Chance

Have You Notified Your Homeowners Insurance Company About Your Irrevocable Trust?

What is a Declaration of Homestead Exemption?

Previous Post: « Don’t Forget About the Elective Share
Next Post: How to Handle an Unexpected Inheritance »

Primary Sidebar

Schedule a Consultation!

Now is a great time to schedule your intial consultation with Attorney Brandon Walecka to discuss all of your estate planning needs. Please contact us today to get answers for your family.

GET STARTED

RECENT POSTS

Pause Before Signing That Health Care Proxy

By: Brandon C. Walecka, Esq. Walecka Law, …

We’re Hiring a Paralegal!

Job Description Paralegal needed for a growing solo- estate …

Estate Planning This Holiday Season

By: Brandon C. Walecka, Esq. Walecka Law, …

We Make House Calls!

Here at Walecka Law, we take pride in prioritizing our clients. …

Forbes Article: IRS Announces Estate And Gift Tax Exemption Amounts For 2023

By: Brandon C. Walecka, Esq. Walecka Law, …

Search

Our Popular Topics

Advocacy Durable Power of Attorney Elder Law Estate Planning & Trusts Firm News Gifting Health Care Directive Health Care Proxy HIPAA Authorization Last Will & Testament Long-term care Personal Directive Probate & Trust Administration Special Needs

Footer

Our Practice

  • About
  • Events
  • Blog
  • Practice Areas
  • Estate Planning
  • Elder Law
  • Contact

Our Law Office

Walecka Law, P.C.
774-203-9003

P.O. Box 50992.
New Bedford, MA 02745

Brandon@WaleckaLaw.com

Contact Us

Contact our office today. We are ready to help you. There is no better time than now.
Learn How →

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • About
  • Events
  • Blog
  • Practice Areas
  • Estate Planning
  • Elder Law
  • Contact

Site Footer

Walecka Law, P.C. is an estate planning law firm with expertise in Elder Law and Estate Planning. Please read our Disclaimer.

Copyright © 2023 · Walecka Law P.C.