Marietta Estate Planning in the Comfort of Your Home

Do I need to do a new Will when I move to another state?

If you do a Will in one state, it is generally valid in all states. However, if you move you should usually have your Will and other estate planning documents reviewed by an attorney in your new state at a minimum.  Although the Will may be legally created in that state, there are variations in state laws that can have an impact on your estate.

For example, in Georgia we prove our Wills using a self-proving affidavit and a notary, so that witnesses aren’t required to be called into court to testify that the Will is yours. However, some states don’t accept self-proving affidavits. States have different rules on what property a spouse is required to inherit. Some states allow holographic Wills (Wills written entirely in the handwriting of the testator) and some don’t.

Your Power of Attorney and Healthcare documents will also need to be reviewed in your new state, and probably updated. Although you may consider it a hassle to update your documents with each move, odds are it”s been at least a few years since you drafted the documents, so they probably need to be reviewed anyway. If you have just moved to Georgia and would like me to review your Will, Revocable Living Trust, Power of Attorney, Healthcare directive or other documents, give me a call at 678-453-6490. I would be happy to help you and welcome to the Peach State!