

To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case, two-thirds of the estate descends and passes to the decedent’s children and their descendants, and one-third of the estate descends and passes to the surviving spouse.” It states that a decedent’s assets will pass to:

A perfect example is Virginia Code § 64.2-200: Course of descents generally. There are a number of differences, including who will inherit your assets under a generally drafted will. Finding local counsel that can serve this role can alleviate a number of issues later.ĭo Virginia’s laws differ from other states?

In some cases yes, certain aspects of estate documents will translate, however, it’s best to review existing estate documents in the state you currently reside in order to make sure that the language and laws match up accordingly with your wishes.Ī practical issue our clients have run into is where they have listed their prior out of state counsel as their executor (or personal representative). While most plans can remain valid from state to state, it’s important to keep in mind that each state has varying and ever-changing laws when it comes to the implementation of these significant documents. While it is not uncommon to review or rewrite estate documents periodically, most people don’t consider reevaluating their wills, trusts or advanced medical directives after they have relocated to another state. Will my estate plans translate from one state to another? To help you decide if you need to have your estate plan reviewed, here is a selection of few of the most common questions we are asked. Without knowledge of these changes, one may not know if their estate plans will be effective and applicable. But what about updating estate plans after moving? It’s important to know that not all states will apply the same rules to executed estate documents as each state has varying laws when it comes to distribution of property, definition of marriage, taxes and even health care directives, etc.
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This could include changing their address, obtaining a new driver’s license and updating important contact information. With a big move from one state to another, many tend to take necessary steps after they have moved.
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Life is full of so many unexpected and exciting events-marriage, birth of a child, career changes and often relocation.
