Do you need a new estate plan when you move to Delaware?

Relocating to a new state often brings about a flurry of changes, from adjusting to local customs to understanding the new tax laws. Among these considerations, evaluating your estate plan is important to properly document your wishes and make them legally binding.

If you are moving to Delaware, understanding whether you need a new estate plan is necessary.

State-specific laws

Each state has its own set of laws governing wills, trusts and other aspects of estate planning. Delaware is no exception. By moving to Delaware, you subject your estate plan to the laws of this state, which may differ significantly from your previous place of residence. Therefore, it is important to review and potentially revise your estate plan to align with Delaware’s regulations.

Tax implications

Delaware has no state inheritance or estate tax. If your previous state had different tax laws, updating your estate plan can help optimize tax efficiency and ensure your beneficiaries receive the maximum benefits.

Beneficiaries and executors

Moving to a new state may necessitate updating your list of beneficiaries and executors. Individuals in your estate plan may no longer be suitable or accessible after your move. Therefore, reviewing and revising these designations can ensure your estate plan accurately reflects your current circumstances and preferences.

Asset ownership

Certain forms of ownership, such as joint tenancy with rights of survivorship, may have different implications in Delaware versus your previous state. Adjusting asset ownership can help streamline the probate process and ensure the distribution of your assets according to your wishes.

By reviewing your estate plan when you move, you can gain peace of mind knowing your plan is comprehensive and legally sound in Delaware.



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