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?
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.
If you find this answer useful, please mark it as "Helpful". Likewise, if you believe it is the most responsive, please mark it as the "Best Answer". The information provided herein is for informational purposes only, and should not be relied upon or construed as legal advice or legal opinion. You should not rely upon the information provided at this site without seeking individual advice from an attorney. No attorney-client relationship can be assumed or created by this post.
Family Law Attorney
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.
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.
NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
Elder Law Attorney
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.