Estate law is different in every state, which makes it important to consider documents when you move to or from a state. Nevada’s laws are often very different from other states; while a will is legal in any state, language and extra documents from your estate administration and planning could cause issues if you haven’t reviewed them for compliance with your new state.
One of the first things to check in any legal document when you move states is for references to state laws. If wills or other documents refer to procedures governed by state laws, they may need to be updated to reflect your current state or a more general legal outlook.
Taxes and the designation of property should also be considered. Nevada is one of ten community property states. When married couples move in or out of community property states, the division of assets at the time of one spouse’s death or during a divorce can be drastically altered. It’s important to understand the changes community property brings to your estate and act to implement legal documents that protect your wishes.
States also take a different approach to end-of-life medical care and supporting documents. When moving to a new state, ensure you understand how state law impacts your end-of-life care plans. In some cases, you may need to edit documents or create new documents to protect your end-of-life wishes.
Estate planning is not the only legal consideration involved in changing states. Any legal documents — including divorce paperwork — should also be reviewed in light of a location and legal jurisdiction change. Reviewing such information as soon as possible reduces the chance you encounter unpleasant legal surprises in the future.
Source: The Spectrum, “State-to-state estate planning creates issues” Scott Halvorsen, May. 22, 2014