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Do we have to have are living wills, power of attorney and are regular estate wills redone.

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We have now moved to upstate NY do we have to redo all of these in the state of NY and would we be better to do a trust instead of will for what little we have?

Attorney Answers 4


  1. Do you HAVE TO redo your will? No. Is it probably adviseable coming from another jurisdiction/state (if I'm reading your inquiry correctly)? Probably, if for no other reason than to ensure that the laws of the jurisdiction where you presently reside control over the will and your assets. I'd be less concerned about redoing your health care proxy and power of attorney, but still, it's adviseable. As to a trust versus a will, it's impossible to say which makes more sense for you given the few details you've provided. You'd be best served consulting with local counsel to determine what would be best under your particular circumstances.

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  2. You do not have to redo your estate documents now that you reside in upsate New York. If you have a small estate, you may have no need for a trust, unless you have minor children.


  3. If your estate plan was created in a different state, I suggest you should speak to a NY attorney to make sure there aren't significant differences.

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  4. If the will was appropriately executed in the state in which it was executed it should be valid in NYS. I usually recommend that powers of attorney be redone as the people who are looking at the powers of attorney only react well to powers of attorney that they are familiar with. If you have property in more than one state a trust may save the need to do multiple probates in different states.

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