When you relocate—whether it’s across the river to New Jersey or across the country to California—updating your estate plan after moving isn’t just a good idea. It’s essential. Even if your current plan feels solid, moving to a new state can create unexpected legal gaps that leave your family unprotected.
This blog is for anyone who’s recently changed their state of residence and wants to be sure their estate plan still works the way they intend. We’ll walk you through what really needs to be reviewed, what might need to be rewritten, and how your new location’s laws can impact everything from guardianship to taxes.
Why Moving States Can Break a Good Estate Plan
Most people assume their will or power of attorney follows them wherever they go—but estate laws vary widely by state. Some of the most common (and costly) oversights include:
- Outdated Power of Attorney: Many states have a particular format that must be used for a Power of Attorney. You should re-do your power of attorney if you are moving to another state.
- Estate Taxes: While people are most familiar with estate taxes at the federal level, federal estate taxes affect far less Americans than state estate or inheritance taxes, which can vary widely by state and have lower exemptions.
In our work at The Village Law Firm, we’ve seen families discover too late that their “valid” documents no longer apply in the new jurisdiction—especially in banks.
Do You Need a New Will—or Just an Update?
That depends on where you’re moving from and to. If you’re relocating within New York State or to a state with similar estate laws, a few targeted updates may be enough. But sometimes a new if your move takes you across state lines, it’s usually safer to re-execute your will in the new state.
Key areas to review include:
- Guardianship designations: If your chosen guardian lives in another state, you may need a backup more aligned with local laws.
- Executor or trustee location: Some states restrict out-of-state executors or impose extra hurdles.
- Marital property laws: Moving to or from a community property state (like California or Texas) changes how assets are divided by default and could create unintended consequences if your current documents don’t address it.
What State-Specific Rules Should You Watch For?
New York families, in particular, need to pay close attention to state-level estate planning rules when relocating. Here are some critical differences to keep in mind:
- Estate tax thresholds: New York has a lower exemption than the federal level and a “cliff tax” that can cause massive estate tax exposure if your plan isn’t designed carefully. Moving to a state without estate tax—or into New York from a no-tax state—can dramatically change your planning needs.
- Standby guardianship laws: New York allows for specific standby guardian designations, which may not carry over elsewhere. If you’re moving out, you may lose that protection. If you’re moving in, you may need to create one.
- Document recognition: A power of attorney signed in another state might not be accepted by a New York bank or financial institution.
Already a parent? This blog on standby guardianship explains why it’s one of the most important tools for families who live in (or move to) New York. And if your existing estate plan is a few years old or written under a different jurisdiction, take a moment to review why even “good” estate planning documents can fail.
When Should You Review and Update?
You don’t need to rush to an attorney the day after your move—but don’t wait too long, either. A good rule of thumb is to review your estate plan within three months of establishing residency in a new state. That gives you time to settle in while ensuring your documents are still enforceable.
You should also plan a review if:
- Your move involved buying or selling real estate
- You’re combining or separating households (post-divorce, new marriage, etc.)
- You had children or now live closer/farther from your named guardians or executors
Final Thoughts: Don’t Let a Move Undo Your Planning
Relocating is a fresh start—but it’s also a legal shift. Updating your estate plan after moving ensures your wishes will be honored, your family will be protected, and your assets will be passed on smoothly.
At The Village Law Firm, we help families navigate transitions like these every day. Our holistic approach means we don’t just update documents—we build plans that adapt with you.
FAQs
Do I need a new will if I moved out of New York?
Maybe. If your new state has different probate rules or tax laws, You may want to re-sign your will under that state’s law to avoid complications later.
Will my power of attorney still work in a new state?
Possibly not. These documents are often state-specific, and local banks may reject forms they don’t recognize.
What should I do first when updating my estate plan after a move?
Start by reviewing your will, trust, power of attorney, and healthcare proxy with an attorney licensed in your new state. Then double-check your beneficiary designations and titled assets.
Ready to Update Your Plan?
If you’ve recently moved—or are planning a move—schedule a comp with our team. We’ll help you review your documents, adapt your plan, and protect your family wherever life takes you.
