A common misconception is that a Will, Trust, or Power of Attorney that is prepared in one state will have the same effectiveness and powers in a different state. This is simply not true. All states are not created equal when it comes to death and disability planning. That is why we advise clients who are moving to or from another state to have their estate planning documents reviewed by an attorney who specializes in estate planning in the state where legal residence will occur.
Are you uncertain about where you have legal residence? Are you a “snowbird” who lives in Florida for only the winter? Florida is known for being saturated with Ohioans who are trying to escape the often cold and snowy winters, but Florida’s probate laws are not the same as Ohio’s, and lawyers write documents to comport with the laws in the state in which a person is a legal resident, not where the person temporarily lives. A simple, non-official guide is that you should have your estate planning documents prepared in the state where you vote.