What Happens to Your Estate Plan When You Move to Maryland From Out-of-State?

If you have recently moved to Maryland from out of state, you may be wondering if the move will affect your estate plan. Generally, Maryland law recognizes estate planning documents that were executed out-of-state. However, differences in state law can affect how those documents function in practice.

You should begin by reviewing your last will and testament. Most likely, your out-of-state will is legally enforceable in Maryland, but each state has its own rules and procedures regarding probate, the duty of personal representatives, and required or preferred language.

Generally, powers of attorney and advance medical directives are even more sensitive to state-specific laws. In Maryland, health care providers and financial institutions may hesitate to accept documents created in other states and often choose to reject them altogether.  

Your revocable living trust, if you have one, is least likely to be problematic, but it is still important to understand how it interacts with Maryland state law, especially if you now own property in a different jurisdiction. All real estate is governed by state law, which could affect how your trust is administered.

Moving to a new state does not require starting over with your estate planning, but you should carefully review your estate plan. Adjustments may be necessary, such as updating documents so that they align with state law, which can save you time and difficulties in the future.

If you are new to Maryland and need professional assistance navigating your estate plan, contact Maryland estate planning attorney Stephen J. Reichert for a free, confidential conversation at 410-299-4959 or sreichert@reichertlegal.com.

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