Legal Question in Wills and Trusts in Texas
I have a trust, will and living will created when I lived in California. The verbiage in the will mentions 'in the State of California' etc. Do I need to get the will changed to Texas or each time I move to another state?
1 Answer from Attorneys
The core elements of these documents are not likely affected by the state that you choose to live in. Your beneficiaries and the individual(s) that you appoint to carry out the terms of the documents are probably just fine no matter where you reside.
The catch with estate planning documents prepared elsewhere is that many states have their own quirks regarding specific language used and specific requirements regarding execution of the document. Just for example, in Texas, when I encounter a set of California documents, I know that I'm probably going to have do deal with some unique (but not impossible) challenges.
The Wills are not ordinarily "self-proven," which means that additional witnesses must be brought forward when the Will is probated. Additionally, the Wills do not typically authorize "independent administration." This means that we usually have to secure every beneficiary's consent to this more efficient method of administration -- and sometimes you have a beneficiary hold out.
It's doubtful that you have to make wholesale changes to your Will every time you move, but I would certainly consider having an attorney review the document to identify potential problems like this.
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