Taylor Kaspar Law

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  • By: Taylor Kaspar
  • Published: August 2, 2021
Do I Need A New Will If I Move To Another State?

Most states will accept a will that was executed properly under another state’s laws. However, there could be differences in the new state’s laws that make certain provisions in your will invalid.

Here are a couple things you should review in your will when moving:

Your personal representative: Consider whether or not the personal representative you’ve chosen will be able to serve in that role in your new location. Every state will allow an out-of-state personal representative to serve, but some states have special requirements for personal representatives, such as requiring them to post a bond. Other states require non-resident personal representatives to appoint an agent who lives within the state to accept legal documents on behalf of the estate.

Marital property: If you are married, consider how your new state treats marital property. While a common-law state might treat the property you own in your name alone as yours, community-property states treat all of your property as owned jointly with your spouse. If your new state treats marital property differently, you might need to draft a new will to ensure your wishes are honored.

If you’re moving to Minnesota, meet with us, to have your will and other planning documents reviewed.

Taylor Kaspar, Esq.

Call Now For A Case Evaluation
(952) 225-5902

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