Do I Need To Update My Out-of-State Will or Trust?

/ Jeppesen Law, PLLC/

          No. Just because you moved from Idaho to another state, or from another state to Idaho, does not mean you need to update your will or trust. Idaho and the other states of the Union have what is called reciprocity of laws pertaining to a will or trust. Simply put, if the will or trust was valid when and where it was created, it will be valid wherever in the United States you move. That is even true if the two states have differing laws concerning a will or trust. Generally, the only documents that need to be updated are your durable powers of attorney and your living will. Both of these documents are heavily reliant on specific state statutes, or laws, that it is important to update them to comply with the state law in which you now live.

           Just because your will or trust from another state is valid, it might be beneficial to speak with us about any advantages Idaho law has over the state’s law from which you moved. Some reasons to consider updating your out-of-state will or trust are:

  • changing your beneficiaries or the amount to leave each beneficiary;

  • updating the individuals you have named as personal representative, executor or trustee; or

  • if your current estate plan was created before 2006, including a federally required HIPAA release for your durable power of attorney and living will documents.

          If you did decide to create or update a new will or trust, Jeppesen Law can ensure that the new document is fully compliant with Idaho’s requirements.

          Also, do not make changes to your legal documents yourself. Doing so will not have the effect you are hoping for. More likely than not, it will invalidate the document.

         Schedule a conversation with Justin Jeppesen to take the first step towards creating your complete estate plan! With our Free Initial Consultation we help our clients explore their own situations and plan for their futures. If you have more questions, we'd love to help! Contact Jeppesen Law now. (208) 477-1785