By Lane V. Erickson, Attorney
We live in a wonderful world where people are constantly on the move. Whether it is work, or family, or simply a need for a change, many people move from state to state during their lives. I often have clients who have move to Idaho asked me whether the will they had created in a different state will be valid in Idaho. Idaho has a specific statutes that answers this question.
Idaho Code § 15-2-506 states specifically that “[a] written will is valid if executed in compliance with section 15-2-502 or 15-2-503 of this Part or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.”
What this means essentially is that if you will was valid in the state where you obtained it, it will be treated as valid in Idaho. This is great news for individuals who do move from another state to Idaho and who have already completed their Estate Planning. Does this mean that if you have moved from another state to Idaho and you already have an estate plan that you shouldn’t consider revising or creating a new estate one? The short answer is no.
If you or someone you’ve named as an heir/beneficiary or as a fiduciary in your Estate Planning documents moves that is a good reason to review your Estate Plan and see if any changes are needed. For instance, if you gave a Power of Attorney to one of your children to help you with your health care and then you move away from where that child lives, it may be difficult for them to fulfill those responsibilities. If this happens, it may be wise for you revise your Estate Plan and name somebody else with that particular Power of Attorney.
Additionally, just the passage of time alone is a reason to look over your Estate Plan. Often when people move, and they put their important documents in boxes and forget to look at them for some time afterwards. The reality is that when time goes by our circumstances can change. It’s very possible that what you thought was a good Estate Plan 5 years ago may now not look like such a good idea, especially if you have moved to Idaho from a different state.
If you have move to Idaho, and you already have an estate plan, but you have questions about whether your estate plan is valid or needs to be revised, we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Estate Planning attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Estate Planning questions and will help you solve your Idaho Estate Planning problems.
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