Leonardtown, MD asked in Estate Planning and Probate for Maryland

Q: Elderly parent relocating from LA to MD. Is the will from LA void, or should I have dad update his will for MD?

Elderly parent must relocate to my home in so. MD. His will is under LA. Does this matter at time of death?

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2 Lawyer Answers
Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Estate Planning Lawyer
  • Crownsville, MD
  • Licensed in Maryland

A: Generally speaking, wills valid in the state of original domicile remain valid if the planner moves. A will may become void in some cases of changed circumstances, such as if a planner both marries and has children after creating their will, but a valid will does not become "void" based solely on a move to a different state.

However, it is not a bad idea to re-visit estate planning documents after a move since different states have different probate and inheritance tax laws.

While not legal advice, I hope that this general information helps.

Tim Akpinar agrees with this answer

Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: A will valid in one state remains valid in another. However, I would recommend reviewing it with a lawyer anyway and making sure his healthcare power of attorney and financial power of attorney are up to date and in compliance with MD law. The POAs will likely become necessary far sooner than his will, and unless they are in place, you will need to pursue an expensive and time consuming guardianship proceeding to manage his care and finances.

Tim Akpinar agrees with this answer

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