I recently moved from another state do I need to change my will and/or trust?
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I recently moved from another state do I need to change mywill and/or trust? Kendra, Elkins
I have found that most out of state Wills and Trusts will work in Arkansas just fine. However, after the move is a great time to review your Will and Trust to make sure they are still as you wanted. Often, if you are going to stay in Arkansas, a Trust Amendment and a Codicil to your Will is done to change the Trust to use Arkansas law for interpretation. If this change isn’t done, and somebody challenges the Will or Trust,then the Arkansas courts must look to the other state’s laws to interpret the Will or Trust.
The other documents you should have looked over are your durable power of attorney, power of attorney for healthcare, and living will. More often than a Will or Trust, these documents need updated or rewritten to meet Arkansas law and so that local businesses and institutions will accept them. Many times, these documents were written to depend on state law instead of detailing the provisions.