May 22, 2017
Do I Need to Change My Estate Plan If I Move to Another State?
Have you recently moved to Michigan? Do you have an estate plan to protect your assets and your family? If so, we want to help ensure your estate plan is valid under Michigan’s probate laws.
Probate law is not federal law — each state has its own set of laws that govern probate matters, including wills and state. While a valid will in one state should be valid in another state, the fact that each state has its own probate laws makes it wise to review your estate plan with an experienced Michigan estate planning attorney as soon as possible.
Please call our office at 888-390-4360 to schedule an appointment with one of our probate attorneys. Our law firm services clients in Brighton, Bloomfield Hills, Livonia, and Novi.
Other Reasons to Review Your Estate Plan with a Probate Attorney
In addition to moving to another state, there are several reasons why you should review your estate plan with an attorney.
- Divorce — Many people forget to change their will after a divorce. It is very important to change your will as soon as possible after you make the decision to file for divorce. A divorce decree does not change the terms of a will. If you left your estate to your ex-spouse, your estate will go to your ex-spouse even if you have remarried.
- Marriage — You need to review your estate plan after a marriage. Just like a divorce, a marriage does not override the terms of a will. If you leave everything to your children from a previous marriage or to your parents, if the will is valid your spouse will not inherit. Your spouse can contest the will claiming you forgot to change it but there is no guarantee that he or she will prevail.
- Death of an Heir — If an heir predeceases you, his share of your estate passes to his heirs unless you change your will. Even if you want to leave the family member’s heir his share, it is still wise to review your will just to ensure it accomplishes your goals.
- Birth of Children — One of the most crucial elements of your will is naming a guardian for your minor children. You need to revise your will to ensure that you choose who you want to care for your child if something should happen to you and your partner. If you do not name a guardian, the state will do that for you.
- You Come into Money — You may not want to change a thing if you come into a considerable sum of money or substantial assets. However, you may want to change your estate plan to prevent your heirs from paying estate taxes on their inheritance. You may want to consider trusts for some o of your heirs to protect the property now and provide for them after your death.
- Charitable Giving — You may not have provided for charitable giving when you originally drafted your will and estate plan. Many people find that as their assets increase, they want to leave some funds to various charities. You must put your wishes in writing to ensure they are followed after your death.
Make an Appoint with a Brighton Estate Planning Attorney
We understand that settling into a new home can be stressful and we don’t want to add any more stress. However, we do want to encourage you to call our office to go over your will and estate plan as soon as possible. Our probate attorneys can quickly advise if you need to make any changes or if everything is in order.
Contact The Elder Care Firm of Christopher J. Berry, CELA by calling 888-390-4360 or use our online contact form to request more information or schedule an appointment with our Michigan estate planning lawyer.