Many of you may be seasonal residents in Florida or another warmer state. In fact, due to COVID-19, some of you who don’t normally leave Ohio in the winter may be considering flying south for the winter. With many people working and schooling from home, the options for out-of-state living are more open. If you do decide to temporarily reside in another state, there are some considerations for ensuring you have proper legal documents.
Before you go…
Review your estate planning documents. Make sure that they still reflect your desires and are accurate. For instance, make sure that your health care directives still have accurate addresses and phone numbers for your agents. Has COVID-19 caused you to rethink what health treatments you would want in certain situations? If you need to update health care directives, these are free forms that we will provide to you. You just need to schedule a time with us to witness your signatures. Make sure that your fiduciary agents in your will, trust, and general durable power of attorney are still the people that you would choose. If you need to update your documents, contact us right away. We are currently scheduling signing appointments for January for new estate plans. But, we may be able to get you in quicker if your changes are less comprehensive. If your legal documents are still accurate, make copies of your health care directives to take with you. In addition, make sure that your agent knows where your legal documents are kept.
Property Ownership
With real estate being a hot commodity, you may have purchased a property in Florida or another state. If you now own property in another state that we do not know about, communicate with us so that we can help you plan for dealing with the property after your death. Property in another state that is not owned in your trust or jointly with rights of survivorship or does not have a beneficiary designation on it has to go through probate after your death. This will require an ancillary administration in that state if you die as a resident of another state, which can be costly and extend the time required to administer the estate.
If you decide to permanently relocate, we suggest that you have a licensed lawyer in the state to where you move to review your estate planning documents to make sure that they will work for you as a citizen of that state. In addition, please contact our office to tell us about your move, so that we can update your records accordingly.