Millions of Americans move to a different state each year, and they often forget to update their estate planning documents which can wreak havoc on their plans, experts said.
Only 24% of Americans have a will, according to a 2025 Caring.com survey of more than 2,500 adults. Worse, nearly a quarter of respondents haven't updated their estate planning documents since origination, and 11% have moved away from the place they first had their estate drawn up, the poll said.
Inheritance, health care directives and powers of attorney (POAs) laws can vary significantly from state to state. If your estate documents don’t comply with laws in the state where you live, they may not be enforceable and your best laid out wishes may end up ignored, experts said. Differences in laws can also affect income tax, state estate or inheritance tax, and marital property, making the plan not as efficient and favorable to your heirs.
“Documents that might be relied on in time of need -- a healthcare surrogate, living will and POA -- are creatures of state statute,” said Tasha Dickinson, trusts and estates lawyer at Day Pitney.
There’s no need to go to the shredder, experts said. Legal documents like wills are valid from state to state, but from a practical perspective, it may be worthwhile having a lawyer in your new state review them.
