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Wills, Trust, Advanced Directives, Power of Attorney when moving to a different state

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  • Wills, Trust, Advanced Directives, Power of Attorney when moving to a different state

    My parents in their 80's are moving states from Ohio to North Carolina.
    In Ohio they had a will, a trust set up with their home in it, power of attorneys ( kids), and health care advance directives.

    They are about to purchase a home in North Carolina.
    - My father prefers to have the home in the trust in North Carolina as he did in Ohio? Any reason in North Carolina it would be disadvantageous?
    - Should he redo trusts, poa's , will , advanced directives in North Carolina? Is their any state specific reason he is required to?

    I am trying to avoid any excess legal bills as money will be tight for them, but we also want things set up correctly for them.
    Your advice is appreciated.

  • #2
    Unfortunately, the answer will require a detailed knowledge of the laws in both states as well as a detailed description of the current estate plan.
    They will need to review with a lawyer in the new state to make sure the documents work as intended.
    You could try posting on the bogleheads site. Some expert attorneys comment and you might get lucky and find a simple answer.

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    • #3
      Thanks for the advice. I will do that.

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      • #4
        Also just call around to various estate planners. At some point they will need an attorney in their home state, but perhaps not right away. Now is a good time to feel out various offices to decide who you'll work with when the time comes. Now and then elderly clients find themselves in the hospital unexpectedly and need someone who will respond quickly so you may as well know who to call ahead of time. Many planners will give low cost or free evaluations. Depending on your parents' plan, they might just need one or two documents; likely they won't need to redo their Will and trust right away, which are the more expensive documents.

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        • #5
          Originally posted by Gavin West View Post
          Also just call around to various estate planners. At some point they will need an attorney in their home state, but perhaps not right away. Now is a good time to feel out various offices to decide who you'll work with when the time comes. Now and then elderly clients find themselves in the hospital unexpectedly and need someone who will respond quickly so you may as well know who to call ahead of time. Many planners will give low cost or free evaluations. Depending on your parents' plan, they might just need one or two documents; likely they won't need to redo their Will and trust right away, which are the more expensive documents.
          Thanks for the excellent advice.
          I do want to do some research to find an estate attorney who can just review the documents - I was initially quoted $395 to sit down with an estate attorney for 90 minutes. I just don’t know what I am getting into. They do have a very simple financial situation with a house and a retirement fund that is not that big. The only thing I feel a little bit a time pressure on though is getting a North Carolina approved durable power of attorney and health care advanced directive. I am not sure how state specific those two things are.

          I was considering using an online program to do their healthcare advanced directive and power of attorney. My sister and I know exactly what my parents wishes are and my parents are very clear so there really is no significant worries.
          For their will and trust which we did pay for in Ohio I will certainly get a professional to look at to make sure they work well in North Carolina

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          • #6
            I think that a lot of states will honor out of state wills, you should google what your state says about them. Just google "will state x honor out of state wills".

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