The laws that govern estate planning documents such as wills, trusts, medical directives, and powers of attorney are different in every state. A provision is often included in an estate planning document that indicates which state’s laws shall govern the document. Although the document may function outside of that governing state, extra steps may be necessary to enforce the terms of the document such as locating witnesses and obtaining affidavits. In extreme cases, a document drafted in one state will not be enforced in another state due to major differences in the states’ laws.
In addition, state and federal laws that govern wills, trusts, advance directives, and powers of attorney are constantly changing. Your documents could become useless shortly after their execution because of new laws. Periodically updating your estate plan, especially after a move to a different state, will keep your estate planning documents from becoming obsolete.
If you have moved to a new state, it would be best to review your estate plan with an estate planning attorney within that state. Remember to review your estate plan after other significant life events, too.