Updating Out-of-State Wills in Idaho?
Should a Last Will and Testament created in another state be reviewed by a local Idaho attorney when the owner moves to Idaho?
My answer is: Unless you want to make changes to the persons you’ve named as your beneficiaries or as your Executors, there should not be a need to have the document reviewed by a local attorney.
If the document was prepared by an estate planning attorney in the first place, Idaho courts will honor that Will if you pass away here in Idaho. So, in my view, having an out-of-state Will reviewed by an Idaho attorney is not necessary unless there are specific changes that you’d like to make.
The same holds true for all Powers of Attorney and Living Wills that were initially created after 2006. For Powers of Attorney and Living Wills created prior to 2006, they should usually be updated to comply with the requirements of the federal HIPPA (medical records) statute. And the need for updating to be sure of HIPPA compliance is true for documents created both in Idaho, as well as those created out-of-state.
Author: Barry Peters. For additional easy-to-understand information on Wills, Trusts, and Probate, call attorney Barry Peters’ offices at (208) 939-2600 for your expedited appointment for a FREE OFFICE CONSULTATION or visit his Q & A pages at BarryPeters-Law.com/answers-to-questions. As always, your total satisfaction is guaranteed by Barry Peters, Attorney at Law, where all clients receive individual attention to the details of their unique circumstances.