The Estate of The Union Season 4|Episode 8 is out now!

December 3, 2025

The Estate of The Union Season 4|Episode 8 is out now! Choosing the right trustee is one of the single most critical planning decisions you can make when drafting your trust.

In this episode of The Estate of The Union, Zach Wiewel speaks with Ann Lumley, Director of Probate and Trust Administration about the role of a trustee. They discuss how to carefully select a trustee, the type of criteria that is most important for such a role, and circumstances when a professional trust company is a better option for your planning needs. They also look at some of the mistakes that can occur and how they can have a major impact on our planning goals. It really is one of the most consequential planning decisions you can make!

In each episode of The Estate of The Union podcast, hosts and lawyers Brad Wiewel and Zach Wiewel will give valuable insights into the confusing world of estate planning, making an often daunting subject easier to understand. It is Estate Planning Made Simple! The Estate of The Union Season 4|Episode 8 is out now! The episode can be found on Spotify, Apple podcasts, or anywhere you get your podcasts. If you would prefer to watch the video version, please visit our YouTube page. Please click on the links to listen to or watch the new installment of The Estate of The Union podcast. We hope you enjoy it.

Texas Trust Law focuses its practice exclusively in the area of wills, probate, estate planning, asset protection, and special needs planning. Brad Wiewel is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. We provide estate planning services, asset protection planning, business planning, and retirement exit strategies.

Avoiding Probate Is Key to Protecting Your Legacy

November 25, 2025

Probate is the court process that validates a will, appoints an executor, gathers assets, pays creditors and authorizes distributions. It exists to protect heirs and creditors. However, it can add months of delay, court fees and public filings that many families would rather avoid. Avoiding probate is key to protecting your legacy. The good news is that a handful of simple tools can help most households sidestep the bulk of the process, while keeping their plan clear and coherent.

What Probate Actually Does

Probate converts a will into a court-ordered document. In some states, it is streamlined; in others, it can be slower and more expensive. Either way, it is public by default. Petitions, inventories and some accountings may be part of the court file. If privacy and speed matter to your family, it pays to minimize the amount that must pass through the court.

When Skipping Probate Makes Sense

Avoiding probate is most beneficial when beneficiaries require immediate access to funds for housing, tuition, or medical expenses, when family members reside in different states, or when there is real estate in multiple states that could result in multiple court cases. It also helps when you value privacy and want to minimize the disclosure of net worth and family relationships.

Simple Paths That Bypass Court

Life insurance, retirement plans and many bank and brokerage accounts can pay directly to named individuals or to a trust. Use both primary and contingent beneficiaries, so money has a clear path even if someone dies first.

Transfer on death and payable on death

TOD and POD tools allow many financial accounts, and, in some states, real estate, to pass with a recorded form instead of a court order. Confirm how your state handles deeds and what documentation the custodian or recorder requires at death.

Revocable living trust

A living trust holds assets during life and directs distribution afterward. If funded properly, it lets your trustee act without opening a probate estate. Trusts are especially useful for real estate, closely held business interests and accounts that benefit from centralized management.

Joint ownership

Joint tenancy with right of survivorship can move property to a co-owner at death. Use it sparingly. Adding a name for convenience can create gift issues, creditor exposure and family disputes if expectations are unclear.

Avoiding Conflicts Between Documents

Your will, trust and beneficiary forms must tell one coherent story. If the trust makes staggered distributions for a young or vulnerable beneficiary, do not name that person directly on the accounts. If the trust owns real estate, ensure that the deed is titled in the name of the trustee. Maintain a single asset map that lists each account, its current location, the account’s title and the named beneficiary.

Practical Steps to Avoid Probate Today

Collect and review all beneficiary forms. Add contingents and remove any “estate” beneficiaries that would force court involvement. Record TOD deeds where available and confirm titling on joint property.

Centralize documents, logins and contact information for custodians, so your executor and trustee can act quickly. Finally, add a short letter of instruction that explains what you want sold, what you want kept and how you want personal items handled.

How A Probate Lawyer Can Help

Avoiding probate is key to protecting your legacy. A probate lawyer can estimate the time and cost of court proceedings in your state, then design a bypass plan that utilizes designations, TOD or POD tools and a revocable trust where appropriate. Counsel can harmonize deeds, update forms and coordinate with custodians so paperwork is accepted the first time. If you want a faster and more private transition, schedule a consultation to map your assets, align your titles and forms and limit what must enter the courthouse. If you would like to learn more about probate, please visit our previous posts.

Reference: Forbes (May 24, 2024) “Why Skipping Probate Could Save Time And Money”

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Strategies to Avoid Disputes Between Siblings

October 28, 2025

Inheritance disputes are among the most common causes of family conflict following the death of a parent. While parents may assure children during their lifetime that property will be divided evenly, the legally binding estate plan can tell a different story. This gap between promises and plans is at the heart of many sibling battles. There are strategies to avoid estate disputes between siblings.

Why Promises and Plans Diverge

Parents often express intentions informally, believing verbal assurances are enough. Yet without clear documentation, courts follow the written will, trust, or beneficiary designations. This can leave some siblings feeling betrayed when the estate plan doesn’t reflect the verbal promises made.

Confusion also arises when parents alter their estate plans late in life. A parent may gift a home, business, or financial asset to one child, sometimes without consulting the other children or the rest of the family. While these actions may be legally permissible, they can sow resentment among siblings who expected equal treatment.

Common Sources of Estate Disputes

Sibling disputes over inheritances often emerge from several recurring scenarios:

Unequal distribution of assets: One sibling inherits property or financial assets of greater value than others.
Unclear estate documents: Ambiguous or outdated wills can spark conflicting interpretations.
Blended families: Children from multiple marriages often have different expectations about inheritances.
Caregiver favoritism: A child who cares for a parent may be left more than siblings, leading to accusations of undue influence.

When these disputes escalate, they often result in costly litigation. Estate litigation can drain estate assets and deepen rifts between siblings.

The Legal Weight of Written Documents

Courts prioritize written estate documents over verbal statements. Even if a parent promised to divide assets evenly, what matters legally is the signed will or trust. Similarly, beneficiary designations on retirement accounts or insurance policies override the will. This reality often surprises families who believed verbal promises carried legal weight.

For example, a mother may assure both children that they will split her estate evenly. Later, however, she gifts a valuable piece of real estate to one of her children. If the property transfer was executed correctly, the other sibling may have no legal recourse. The sense of unfairness is real, but the law generally enforces the written transfer.

Preventing Sibling Conflicts Through Planning

Parents can take several steps to prevent estate disputes among their children:

Document Intentions Clearly:

Estate plans should leave no ambiguity. Wills and trusts must accurately reflect the parents’ true wishes, and updates should be made after major life events, such as remarriage, the birth of grandchildren, or significant asset purchases.

Communicate With Family:

Conversations about estate planning can be uncomfortable, but they reduce the chances of misunderstandings later. Parents should explain their decisions and the reasoning behind them, especially if one child will inherit differently.

Use Legal Safeguards:

Estate lawyers can help draft documents that withstand challenges. For instance, “no-contest” clauses discourage heirs from disputing the plan. Parents can also record their reasoning in writing to strengthen the validity of their choices.

The Role of an Estate Planning Lawyer

Estate planning lawyers play a key role in bridging the gap between family expectations and legal realities. They ensure estate documents are enforceable, anticipate areas of potential conflict, and advise on tools such as trusts to equalize distributions.

If your family is facing uncertainty or strained sibling relationships over inheritance promises, there are strategies to avoid estate disputes between siblings. Consulting an estate lawyer early can help preserve both financial assets and family bonds. If you would like to learn more about estate disputes, please visit our previous posts.

Reference: MSN (14 September 2025) “My parents promised to split their estate 50/50, but my mother gave my brother real estate. Is that fair?”

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Differences between Estate Administration and Trust Administration

October 20, 2025

When someone passes away, their property must be distributed according to legal procedures. Two of the most common mechanisms are estate administration and trust administration. Though the terms are sometimes used interchangeably, there are important differences between estate administration and trust administration. Understanding how each works helps families prepare for potential costs, delays and responsibilities.

What Is Estate Administration?

Estate administration refers to the court-supervised process of managing a deceased person’s assets, also known as probate. If there is a will, the court validates it and appoints an executor to carry out its instructions. Without a will, state intestacy laws dictate who inherits.

Estate administration typically involves:

Collecting and inventorying assets
Notifying creditors and paying debts
Filing tax returns
Distributing the remaining property to heirs

Because it is court-supervised, probate can be a lengthy and public process. In many states, the process can take anywhere from months to over a year, depending on the complexity of disputes or assets. Probate costs, such as filing fees and attorney expenses, also reduce the value of the estate.

What Is Trust Administration?

Trust administration occurs when a person creates a trust during their lifetime and funds it with assets. Upon the death of the original trustee, the successor trustee takes over to manage and distribute the trust property according to the terms outlined. Unlike probate, trust administration is usually handled privately without court oversight.

Trust administration typically requires the trustee to:

Notify beneficiaries and creditors
Manage trust investments and expenses
File tax returns for the trust
Distribute assets according to the trust’s terms

Because no court process is required, trust administration is often faster and more efficient. However, trustees carry significant fiduciary responsibilities and must act in the best interests of the beneficiaries, sometimes under scrutiny.

Key Differences Between the Two

The primary differences center on privacy, efficiency and costs.

Court Involvement: Estate administration requires probate court supervision; trust administration generally does not.
Timeline: Probate can be lengthy, while trust administration is typically quicker.
Privacy: Probate is public record, whereas trusts are private.
Costs: Probate can involve higher legal and court fees; trusts often reduce those expenses.

That said, trusts are not always cheaper overall. Creating and funding a trust during one’s lifetime has upfront costs, and trustees often hire attorneys or accountants to handle complex tasks.

When Both May Apply

Sometimes, both processes are necessary. If a person creates a trust but fails to transfer all assets into it before death, those leftover assets may still require probate. Likewise, disputes among beneficiaries can push even trust administration into court.

Why Legal Guidance Matters

Both estate and trust administration involve navigating legal duties, deadlines and potential conflicts. Misunderstanding the differences between estate administration and trust administration can be costly. Executors and trustees who mishandle their responsibilities may face liability from beneficiaries or creditors. An estate planning attorney helps families prepare documents that minimize the need for probate, ensure trusts are properly funded and guide administrators through their obligations.

If your family is facing estate or trust administration, consulting an attorney can save time, reduce costs and protect you from legal missteps. If you would like to learn more about estate and trust administration, please visit our previous posts.

Reference: Justia (October 2024) “Trust Administration Law”

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Your Time to File for Probate Is Limited

October 16, 2025

When someone dies, their estate must be settled according to state probate laws. Probate is the legal process of validating the will, paying debts and distributing assets. While some estates qualify for simplified procedures, many must pass through formal probate, which involves courts and strict timelines. Your time to file for Probate is limited.

Every state sets deadlines for when probate must begin, often ranging from a few months to a year after death. Missing these deadlines can complicate estate administration, leading to penalties, delayed distributions, or even lawsuits among heirs.

Filing Requirements Vary by State

Probate rules are not uniform. Some states require filing within 30 days of death, while others allow several months. Deadlines also depend on whether the estate is small, whether a valid will exists, or whether someone contests the estate. For example, some states permit informal probate for estates under a certain dollar threshold, while others require a complete process regardless of the estate’s size.

Even when the court allows more time, creditors and beneficiaries may push for prompt action. Early filing reduces risks of disputes and preserves estate value.

Why Families Delay Filing Probate

Families often delay probate for emotional reasons. Grief, confusion about the process, or strained relationships among heirs can cause hesitation. Sometimes families assume that because they agree on distribution, probate is unnecessary. Failing to follow legal steps can invalidate asset transfers and expose heirs to potential liability.

Other times, families don’t realize the clock is ticking. Without timely filing, creditors may pursue claims directly, or heirs may face costly court battles in the future.

What Happens if You Miss the Deadline?

Missing a probate deadline can create serious complications:

Beneficiaries may lose rights to certain assets if claims expire.
Creditors may have longer windows to pursue unpaid debts.
Courts may impose additional oversight, requiring more hearings and paperwork.
Heirs may become personally liable if they use estate assets before resolving creditor claims.

In rare cases, failing to file within the statutory time can prevent probate altogether, leaving assets stuck without a clear path to transfer.

Preparing Before Filing Probate

While deadlines are strict, families should prepare carefully before filing. This includes:

Gathering the death certificate, will and estate documents
Identifying all assets and liabilities
Reviewing state rules for exemptions, such as small estate affidavits
Consulting an attorney to determine whether the estate qualifies for simplified probate

Being organized before filing not only ensures compliance but also prevents costly mistakes once proceedings begin.

The Role of Probate Attorneys

Probate attorneys guide families through filing deadlines, paperwork and hearings. They help identify which deadlines apply, prepare petitions and ensure that creditors and beneficiaries are properly notified. Attorneys also protect executors from liability by ensuring that debts and taxes are settled before distributing assets.

For complex estates or when heirs disagree, having a lawyer is crucial. An attorney can keep the process on track and avoid missed deadlines that might otherwise derail the estate’s settlement.

Your time to file for Probate is limited. If you have recently lost a loved one, it is critical to act quickly. Contacting a probate lawyer ensures that deadlines are met and the estate is handled in compliance with state law. If you would like to learn more about probate, please visit our previous posts.

Reference: NerdWallet (Aug. 17, 2025) “How Long Do You Have to File for Probate After a Person Dies?”

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How Wealth is Distributed in Blended Families

September 2, 2025

This summer’s passing of Ozzy Osbourne was mourned by heavy metal fans. Whether you liked his music or not, Osbourne left an estate estimated to be worth $230 million plus future royalties, reports a recent article from Think Advisor, “What Wealthy Families Can Learn From a Rock Star’s Estate.” It caught the attention of estate planning attorneys for lessons about how wealth is distributed in blended families. Whether you liked his music or not, Osbourne left an estate estimated to be worth $230 million plus future royalties, reports a recent article from Think Advisor, “What Wealthy Families Can Learn From a Rock Star’s Estate.”

There’s no estate battle for now. However, only time will tell if the Osbourne family faces issues like those of many blended families. There’s no simple playbook for these situations, and the best outcomes require the counsel of an experienced estate planning attorney and savvy planning.

Creating trust structures to balance a surviving spouse’s financial well-being with inheritances for children from prior marriages takes knowledge and experience. A plan needs to be proactively created and regularly revisited to affirm the choices made. The challenge is anticipating potential disputes.

An ill-conceived plan would be to place all the assets in a single trust to benefit the surviving spouse during their lifetime and then have the assets flow to the biological children after their death. This sounds like a good solution. However, the arrangement puts the surviving spouse’s interests at odds with those of the children. They’re waiting for the surviving spouse to die for their inheritance and have no control over how much money is spent. They might end up with nothing, despite the best intentions of the deceased spouse.

Another solution with potential for disaster is creating an estate for the benefit of the surviving spouse and putting one or more of the biological children in charge of the estate in an attempt to balance the structure. The surviving spouse is now dependent upon the biological children to ask for money, which can create more problems than it solves.

A controlling trustee is often considered a potential solution for blended family estate plans. If the surviving spouse is intent on blowing through the money, the children can go to court and file a lawsuit to ensure that their rights and interests are protected. However, litigation is expensive and divisive.

A better idea might be to leave the house and a portion of the liquid estate to the surviving spouse, while leaving the rest of the estate to the children. The goal is to prevent tension between family members over access and control of assets.

An estate plan for a blended family requires effective communication, thorough planning and a delicate balance to protect the interests of all parties. It’s not easy. An experienced estate planning attorney can help you understand how wealth is distributed in blended families to ensure that it remains effective over time. The result of a blended family remaining a family after one of the spouses has passed can be more of a legacy than wealth. If you would like to learn more about planning for blended families, please visit our previous posts.

Reference: Think Advisor (Aug. 11, 2025) “What Wealthy Families Can Learn From a Rock Star’s Estate”

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Choosing the Right Estate Planning Attorney in Texas: Questions to Ask Before You Hire

September 1, 2025

When it comes to estate planning, choosing the right attorney can make all the difference. Your estate plan isn’t just about documents—it’s about protecting your family, your assets, and your future. With so many estate planning attorneys in Texas, how do you choose the right estate planning attorney for your needs? This article covers the questions to ask, tips for selecting a qualified professional, and how the right estate planning attorney can give you peace of mind for years to come.

Outline

What Does an Estate Planning Attorney Do?
Why Is It Important to Hire an Attorney in Texas for Estate Planning?
What Should You Ask an Estate Planning Attorney Before Hiring?
What Documents Should a Comprehensive Estate Plan Include?
What’s the Difference Between a Will and a Trust?
How Can Estate Planning Help You Avoid Probate?
Why Experience in Estate Law Matters
How Do You Know If the Attorney Is a Good Fit?
How Much Do Estate Planning Attorneys Typically Charge?
When Should You Start Estate Planning?

What Does an Estate Planning Attorney Do?

An estate planning attorney helps individuals and families draft legal documents to manage their estate during life and after death. These documents include wills, trusts, powers of attorney, and other tools used to distribute assets, reduce estate taxes, and plan for incapacity.

Beyond simply filling out paperwork, a planning attorney brings legal knowledge and experience in estate law to ensure everything is valid under Texas law. The attorney you select should also be able to explain how different estate planning tools work and customize a strategy to suit your situation.

Why Is It Important to Hire an Attorney in Texas for Estate Planning?

Each state has unique laws around estate planning and probate. Working with an attorney in Texas ensures that your documents are compliant with current Texas laws. For example, how a revocable living trust functions or how witnesses must sign a will can vary by state.

A local estate planning lawyer also understands the nuances of Texas estate procedures, including trust administration and the probate process. This local insight is essential for protecting your estate and ensuring your estate plan functions as intended when your family needs it most.

What Should You Ask an Estate Planning Attorney Before Hiring?

One of the best things you can do during a consultation is to come prepared with the right questions to ask. Some smart questions to ask an estate planning attorney include:

How long have you been practicing estate planning?
Do you focus only on estate law, or do you handle other areas like business law?
Can you help with both wills and trusts?
What’s your approach to tax planning and minimizing estate exposure?

Make sure you ask about their communication style, how they charge (whether hourly or flat fee), and what ongoing support they provide. The answers will help you choose someone you feel confident working with.

What Documents Should a Comprehensive Estate Plan Include?

A strong estate plan usually includes a will, a revocable living trust (if appropriate), a power of attorney, and advance healthcare directives. Depending on your situation, your attorney may also suggest other legal documents, such as a HIPAA release or guardianship designations.

Working with an experienced estate planning attorney ensures that all documents are properly drafted and tailored to your specific goals. This helps prevent confusion, delays, or probate disputes down the road.

What’s the Difference Between a Will and a Trust?

A will outlines how your assets should be distributed after death and appoints a guardian if you have minor children. It also must go through probate. A trust, on the other hand, allows your assets to pass outside of probate, often saving time and money.

Your estate planning attorney can explain whether a revocable living trust makes sense for your estate or if a simple will meets your needs. Understanding the benefits of each helps you make informed decisions.

How Can Estate Planning Help You Avoid Probate?

One of the biggest benefits of estate planning is the ability to avoid probate. Assets held in a trust, those with named beneficiaries (like life insurance or retirement accounts), or jointly owned property can pass directly to heirs without going through the probate process.

Avoiding probate can reduce costs, shorten delays, and give your family peace of mind. A good attorney will identify which assets may pass outside of probate and build a plan that aligns with your goals.

Why Experience in Estate Law Matters

Choosing an attorney who specializes in estate planning—rather than a general lawyer—ensures you’re working with someone who understands all the details of estate law. These include everything from Texas estate planning regulations to federal tax planning strategies.

Look for Texas estate planning lawyers who have handled similar cases, particularly if your situation involves blended families, large estates, or special trust arrangements. Their experience can save you from costly errors.

How Do You Know If the Attorney Is a Good Fit?

Your estate plan is personal, so it’s important to find the right attorney for your comfort level and communication style. During your consultation, pay attention to how they explain things. Do they listen well? Do they answer your questions clearly?

You want an attorney who doesn’t just draft documents—but one who truly understands your goals and treats your family’s legacy with care. When you feel heard and respected, you’ve likely found the right estate planning attorney.

How Much Do Estate Planning Attorneys Typically Charge?

Planning attorneys in Texas may charge by the hour or offer flat fee packages. For a comprehensive estate plan, costs typically range from $1,500 to $5,000, depending on the complexity of your needs.

Don’t hesitate to ask about pricing and what’s included. Some law firms bundle their services, while others charge separately for each legal document. Getting a clear understanding of costs up front is one tip that can prevent surprises later on.

When Should You Start Estate Planning?

The short answer: now. Estate planning can feel overwhelming, but delaying it can leave your family vulnerable. Life is unpredictable, and having a plan in place ensures your wishes are known, your children are protected, and your estate is handled properly.

Whether you’re starting from scratch or need to update your existing plan, working with an attorney ensures nothing gets missed. The sooner you start planning, the sooner you’ll gain peace of mind.

Summary: What to Remember

A strong estate plan protects your family, assets, and legacy.
Choose an estate planning attorney who understands Texas estate planning laws.
Prepare smart questions to ask during your consultation.
Your plan should include a will, trust, power of attorney, and healthcare directives.
Avoiding probate and minimizing taxes are major benefits of planning ahead.
Cost varies, but many attorneys offer flat fee options.
Start early to ensure your plan reflects your current wishes and life stage.

If you’re ready to secure your family’s future, now is the time to act. Contact us today to schedule a consultation with one of our trusted estate planning attorneys in Texas. Let us help you build a plan that brings clarity, confidence, and peace of mind.

Common Reasons to Avoid Probate Court

August 7, 2025

Probate is the legal process of distributing a person’s assets after death. While it serves an important function, it often comes with drawbacks: delays, expenses and public records. For families seeking to settle affairs smoothly and maintain privacy, avoiding probate through effective planning can be a more efficient approach. There are some common reasons to avoid probate court.

1. Probate Often Involves Significant Delays

Probate cases can take months or even years to resolve. Court schedules, required notices to creditors and potential disputes all slow the timeline. During this period, heirs may not be able to access key assets, which can lead to financial strain, mainly when a surviving spouse or dependent relies on those funds.

2. The Process Can Be Expensive

Court filing fees, executor compensation, attorney fees, appraisals and other administrative costs reduce the value of the estate. These expenses are often paid out of the estate’s assets, leaving less for beneficiaries. In complex or contested estates, costs can escalate rapidly and frequently exceed initial expectations.

3. Public Records Compromise Privacy

Once a will is entered into probate, it becomes a public record. Anyone can review the details of the estate, including its contents, beneficiaries and asset distribution. For families that value discretion, avoiding probate helps keep financial and personal matters private and confidential.

4. Disputes are More Likely

Probate offers an open door for challenges. Heirs, creditors, or estranged relatives may contest the will, resulting in prolonged legal battles and increased stress. With proper estate planning—such as creating trusts or utilizing beneficiary designations—assets can be transferred more directly, thereby reducing the likelihood of conflict.

5. There are Better Alternatives to Probate

Revocable living trusts, payable-on-death accounts and joint ownership arrangements can bypass probate altogether. These strategies enable assets to be passed to beneficiaries quickly and efficiently without requiring court oversight. While not suitable for every asset or family, they offer powerful tools when used correctly in a broader estate plan.

These are just five of the most common reasons to avoid probate court. An estate planning attorney can help you weigh these options and structure your affairs to serve your family’s needs best, during your lifetime and beyond. If you would like to learn more about probate, please visit our many previous posts on the subject.

Reference: Charles Schwab (July 14, 2023) “The Benefits of Avoiding Probate”

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The Estate of The Union Season 4|Episode 5 is out now!

August 5, 2025

The Estate of The Union Season 4|Episode 5 is out now! We’re all aware of various “certifications.”

Organic food is certified, used cars are certified and most doctors are certified. In the law, however, certification, especially Board Certification, is surprising rare. For instance, less than 1% of all Texas lawyers are Board Certified in Estate Planning!

In this brief edition of Estate of the Union, Brad will enlighten you on exactly what Board Certification means and answer the question about why so few Texas lawyers are.

In each episode of The Estate of The Union podcast, host and lawyer Brad Wiewel will give valuable insights into the confusing world of estate planning, making an often daunting subject easier to understand. It is Estate Planning Made Simple! The Estate of The Union Season 4|Episode 5 is out now! The episode can be found on Spotify, Apple podcasts, or anywhere you get your podcasts. If you would prefer to watch the video version, please visit our YouTube page. Please click on the links to listen to or watch the new installment of The Estate of The Union podcast. We hope you enjoy it.

Moving to Another State can Impact Your Will

July 29, 2025

Relocating to a new state often prompts a fresh look at housing, healthcare and taxes. However, many people overlook revisiting their estate plan. A will drafted in one state doesn’t necessarily become void elsewhere. However, differences in state laws can create complications if it isn’t updated. To ensure that your wishes are carried out as intended, it’s important to understand how moving to another state can impact the validity and execution of your will.

Your Will May Still Be Valid—But That’s Not Enough

Most states honor wills created legally in another state. However, just because a will is valid doesn’t mean it’s well-suited to your new residence. Probate laws, witness requirements and rules governing executor eligibility can vary widely. For example, your new state may not accept handwritten wills or may require two witnesses instead of one.

Some states also impose additional requirements on out-of-state executors. If you named someone who lives in your former state, they may be unable to serve without appointing a local co-executor or taking other legal steps. These requirements can delay probate and increase administrative costs for your loved ones.

Community Property and Spousal Rights

If you move from or to a community property state, your spouse’s inheritance rights could change. Community property states treat most assets acquired during marriage as jointly owned, regardless of how they’re titled. This could affect how your estate is divided, especially if your existing will was drafted with different assumptions.

Similarly, elective share laws vary from state to state. In some places, a surviving spouse is entitled to a percentage of the estate even if they are disinherited in the will. These rules can override your stated intentions, particularly if your estate plan hasn’t been updated since the move.

Update Beneficiary Designations and Ancillary Documents

Relocation is also a good time to review related documents, such as powers of attorney, advance directives and healthcare proxies. Some states require specific language or forms for these to be enforceable. A new address or a change in family circumstances may also necessitate revisions to your chosen agents or instructions.

Reviewing beneficiary designations on retirement accounts and life insurance policies is equally important. These assets often pass outside the will, and inconsistencies between documents can lead to unintended results. If you’re not certain your estate plan is robust and consistent, an estate planning attorney can help. If you are planning on moving to another state, work with an estate planning attorney to see how the state’s laws impact your will. If you would like to learn more about estate planning, please visit our previous posts.

Reference: The American College of Trust and Estate Counsel (Jul 17, 2019) “Should I Sign New Estate Planning Documents When I Move to a New State?”

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Category: Estate Administration