If you are moving from one state to another in the United States, rest assured that any legal documents you bring with you will be recognized in the new state. This includes estate planning documents. However, while the documents will be honored, they might not have the same outcome in Texas that they would have had in your previous state. That’s why it’s so important for you to meet with a Texas estate planning lawyer once you get settled in your new home to talk about what might need to be changed.
Reasons to Update Your Estate Plan When Moving to Texas
Every state has different laws regarding how wills and other documents must be worded, how probate can be avoided, and who can serve as a guardian or executor. If you have any of the following documents from another state, you should review them with a Texas attorney:
Will
If you were to pass away before writing a will in Texas, your most recent will would be recognized, but it might not accomplish the goals exactly as you originally intended. As soon as you are able, it’s a good idea to execute a new will with a Texas estate planning lawyer.
Power of Attorney
This important document should contain very precise language to be recognized in Texas. If you take an out-of-state power of attorney to a bank or hospital in Texas, for example, they might not acknowledge your authority. It is best to get the proper power of attorney forms and redo them in Texas.
Medical forms
Advance directives that indicate your end-of-life or resuscitation wishes should be Texas-specific, as should HIPAA releases so that they adhere to Texas state laws.
Trusts
If you have a revocable living trust from another state, you will want to have it reviewed by a Texas estate planning lawyer to see if it does everything you want it to do in Texas. There might also be opportunities for asset protection under Texas law that your previous state didn’t offer. If you own property in another state, you will probably want to put it into a trust.
Designation of a guardian
Texas allows you to name a person to serve as your guardian should you become incapacitated. It also allows you to prevent specific individuals from assuming the role. Make sure you are taking advantage of this opportunity in Texas.
Designation of agent for burial
This is another document offered in Texas that you may not have had in another state. With it, you can express how you want your body disposed of after your death and who should handle the arrangements.
Have You Moved Far Away From People Named in Your Estate Plan?
Another important reason to update your estate planning documents is that you might have moved far away from the people you named as executors, power of attorney agents, guardians for your children, and other important roles. Choosing people who live nearby could make a big difference to your family members if you should become incapacitated or die unexpectedly. If you do not have friends or family close by, an estate planning lawyer can discuss other options, such as a professional fiduciary, to handle your affairs.
What a Texas Estate Planning Attorney Can Do for You
If you have recently moved to Texas, an estate planning lawyer can play a crucial role in ensuring that your estate plan will be valid and effective here. When you work with the Ashmore Law Firm, we will review your existing estate plan to make sure it is compatible with Texas laws. We will identify any potential gaps or inconsistencies and recommend necessary updates or modifications to align the plan with Texas requirements. We will also assist in updating beneficiary designations on various accounts and insurance policies and help you understand any differences in estate tax laws or regulations between your former state and Texas. We would be happy to help you navigate the challenges of revising an estate plan after moving to Texas.
Do You Need To Speak With An Experienced Estate Planning Lawyer In The Dallas Area?
If you need to speak to an experienced estate planning attorney please contact us online or call our Dallas office directly at 214.559.7202. We help clients throughout the Dallas area with all of their estate planning needs and look forward to helping you.
