Moving to a new state is exciting, but it also comes with a long to-do list that goes far beyond unpacking boxes. Among the most overlooked tasks is reviewing an existing estate plan, which may no longer hold up under Pennsylvania law. Because estate planning rules vary from state to state, a will or power of attorney drafted elsewhere may not work the way it was intended after a move to Delaware County or anywhere else in Pennsylvania.
Why Does Moving to a New State Affect an Estate Plan?
Each state has its own laws governing wills, trusts, powers of attorney, and healthcare directives. A document that was valid in another state may not meet Pennsylvania’s legal requirements, which could create problems during probate or in a medical emergency. While most states recognize out-of-state wills as valid, specific language, witness requirements, or notarization rules may differ in ways that weaken a document’s effectiveness.
Does Pennsylvania Recognize a Will Drafted in Another State?
Pennsylvania generally recognizes wills that were valid in the state where they were signed. However, the will should still be reviewed by a Pennsylvania lawyer because outdated provisions, references to state-specific laws, or the wrong choice of executor could cause delays or disputes. A legal review helps identify any gaps before they become problems.
What Pennsylvania Laws Apply to Wills and Estates?
Pennsylvania follows the “Probate, Estates and Fiduciaries Code,” which governs how assets are distributed, how debts are paid, and how estates move through the probate process. The state also has its own “inheritance tax,” which applies to most assets passed to beneficiaries and varies based on the relationship to the person who died. These rules may differ significantly from those of a prior home state.
Should a Power of Attorney Be Updated After Moving to Pennsylvania?
A power of attorney drafted in another state may not align with Pennsylvania’s requirements under the “Uniform Power of Attorney Act,” which the state adopted with specific provisions. Although another state’s document may still be honored in some situations, it is advisable to execute a new one that clearly meets Pennsylvania standards, particularly for financial institutions and healthcare providers that may question an unfamiliar form.
What Happens to a Healthcare Directive or Living Will After a Move?
Pennsylvania law recognizes advance healthcare directives, including living wills and healthcare powers of attorney, which allow a person to outline medical preferences and name a healthcare agent. A document from another state may not reflect Pennsylvania’s specific legal language, which could create confusion in a medical setting. Updating these documents after a move helps make sure they are applied correctly.
Should Trusts Be Reviewed After Relocating to Delaware County?
Trusts are generally governed by the law of the state named in the trust document, but a move can still raise questions about administration, trustee powers, and tax treatment. Pennsylvania has its own rules about how trusts are managed and how trust income is taxed, so a review by a local lawyer is a sensible step for anyone relocating with an existing trust in place.
When Is the Right Time to Update an Estate Plan After Moving?
The best time to review an estate plan is shortly after relocating, while the details of the move are still fresh and before any significant life events occur. Waiting too long increases the risk of holding outdated documents that no longer reflect current wishes, state law, or family circumstances. Most lawyers recommend scheduling a review within the first few months of establishing residency in a new state.
Our Skilled Delaware County Wills and Estates Lawyers at Eckell Sparks Are Ready to Help You Protect What Matters Most
If you need to update your estate plan, contact our Delaware County wills and estates lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. For an initial consultation, call us today at 610-565-3700 or complete our online form. With office locations in Media and West Chester, Pennsylvania, we proudly serve clients in the surrounding areas.