Moving is a ton of work – especially if you’re moving from one state to another. On top of all the physical efforts of moving, you also have to deal with all the paperwork.
One of the most important documents you have to update when you move is your will. Many out of state wills meet the minimum requirements in Georgia for a will, but it’s important to discuss the specifics of your situation with an estate planning attorney.
At Marietta Estate Planning, our experienced estate planning attorneys can help with any and all your estate needs, including your will to make sure everything is in order for your move.
Making sure your Will is valid in Georgia
For most people, when moving to Georgia, your will or trust will have the same validity as it did from the state in which it was created (if it was valid there). However, the opposite is also true. If your will or trust would not be considered valid in your former home state, it will not be considered valid in Georgia, either.
That’s why it’s vital to get an experienced Marietta estate planning attorney to take a look at the details of your will before or after your move.
There are also a few other estate planning documents that must be brought into compliance with Georgia law, as well.
1. Power of Attorney
A power of attorney is a legal document that allows you to choose someone to represent you financially and legally in the event that you become unable to make decisions for yourself. In this case, this person makes decisions in your best interest.
2. Georgia Living Will
A living will (also known as a durable power of attorney) is a legal document where a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves.
3. Common-Law Marriage
A common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony. Georgia is no longer a common-law state and doesn’t recognize “common law” marriages entered after January 1, 1997.
4. Community Property
Property is usually divided based on whether a state follows the legal theory of community property or equitable distribution. Georgia is not a community property state, which means everything acquired by each spouse during the marriage is owned equally by both spouses.
Contact Marietta Estate Planning today
It is important when moving to another state to speak to an experienced Georgia estate planning lawyer sooner rather than later. Relocating to a different state can impact the validity of your will or specific provisions within your will.
At Marietta Estate Planning, our estate advisors are experienced and want to work with you to make the best plans for the future. For a consultation, contact us today.
