Question 8: Out-of-state Wills and Trusts?

In almost all cases, there is not a need for a major restatement of trusts that were created in other states.  Idaho recognizes trusts from all other states regardless of whether they were created with the same formalities required of trusts created in this state.

Having said that, there are a few details in related documents that you may wish update:

Living Wills: Unlike Living Trusts, Living Wills (which specify the degree of medical care, food, and water that you wish to receive in the event you are in a coma) are state-specific.  So a Living Will created under the laws of a different state may or may not be valid in Idaho.  You may wish to update your Living Will for that reason alone.  Also, if your Living Will was originally created before the federal HIPPA statute recently became effective, you should have that document updated to make specific reference to that statute.  If you don’t see the term “HIPPA” in your current Living Will, it could use an update.

Powers of Attorney: The HIPPA issue also affects Powers of Attorney.  A General Power of Attorney (that covers both medical and financial matters) should be explicit that, under the HIPPA statute, physicians and hospitals may share medical information with the agent appointed under the Power of Attorney.  If your Power of Attorney makes no reference to “HIPPA,” you should consider updating that document, as well.

Finally, it is wise to review the terms of your Living Trust and your Last Will and Testament on a regular basis to make sure that you have named persons with whom you are still comfortable as beneficiaries, Executors, Personal Representatives, Guardians, and/or Trustees.  If changes in any of those designations are needed, call 939-2600 to set up your expedited free initial consultation with Barry Peters to discuss the changes that you would like to make.