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Do You Need to Redo Your Will if You Move to a New State?

Do You Need to Redo Your Will if You Move to a New State?
June 15, 2018 Shannon Dawes

If you have recently moved to Ohio or are moving away from Ohio, you might be wondering whether you need to make any changes to your will. In this blog, Dawes Legal, LLC, discusses what modifications, if any, you should make to your will in your new state.

Wills Conform to State Laws

As you likely know, when you draft a will, that document will conform to the laws of the state in which it was created. If you live in Ohio, your existing will should contain all the elements of a valid will under Ohio law. If you are just moving to Ohio, your existing will likely meets the elements of your old state and not necessarily those of Ohio.

Reviewing Your Will and the Laws of Your New State

In general, most states have the same or very similar elements for valid will formation. Some states have more stringent requirements than others, however, which is why it is important to make sure your will satisfies all of the laws of your new state. Most states have laws that affirm the validity of wills drafted outside of that state, so you most likely will not have to completely redo your will when you move.

That said, property laws and rules related to beneficiaries and executors can be different from state to state. Your plans for giving your property to your loved ones might not be valid in your new home. Additionally, some states will not allow you to designate an executor who is not a blood relative. When you are settled after your move, take the time to familiarize yourself with your new state’s laws and compare those to your existing will.

Contact a Local Lawyer to Help

To make this process easier, contact an estate lawyer in your new state. Your lawyer will know exactly what you should and should not include in your will and will be able to tell you how your existing will needs to be changed to satisfy the laws of your new state. Your estate lawyer will also be able to contact the lawyer who helped you with your original will to make sure nothing is overlooked in making changes and additions.

Upon moving, you also should take the opportunity to review any trusts, medical directives, and powers of attorney you have in place with your local lawyer. These documents all might additionally need to be modified in accordance with the rules of your new state.

If you have recently moved to Ohio or are moving away from Ohio and want to have your will and estate documents reviewed or changed, contact Dawes Legal, LLC, today. One of our Columbus lawyers will be happy to meet with you and discuss your documents when you call (614) 733-9999.