"Is a trust and pourover will created in Florida valid when moved to New York State or do they have to be redone?"

Answer:  With very few exceptions, a Will or a trust that is valid in the State in which it is created will be valid in another State.  Thus, Wills and trusts are generally “portable” from one State to another.  It is still a good idea to have your Will and trust reviewed by an attorney licensed to practice in your new State of residence, because there might be some peculiarity of local law that should be addressed in your estate plan.

The rules regarding advance health-care directives and powers of attorney, on the other hand, vary enough from State to State that you should certainly have these documents reviewed–and probably updated–when you move to another State.  Another document that should be reviewed and probably updated when you move goes hand in hand with your advance directive.  It goes by various names (one of them is “HIPAA Authorization”), but its purpose is to give your medical providers permission to communicate with your chosen decision-makers.  There are both Federal and State privacy laws that dictate how this authorization is given, and if your document does not satisfy local law, your advance directive may be unusable.

All of this underlines the importance of reviewing and updating your estate plan on a regular basis–we suggest once a year–because there are a great many factors that can affect how well your estate plan works.  The law changes from time to time, your health changes over time, your preferences regarding who will make decisions on your behalf if you are unable will probably change, and your dispositive wishes (who gets what) will probably change as well.  The only way to make sure that your estate plan keeps up with these changes is to review it with your trusted advisors and make any necessary “course adjustments” as the changes become apparent.

A tremendous help in finding advisors to assist you is http://www.eldercarematters.com/statechapters.htm.

Scott A. Makuakane, Esq., CFP
Est8Planning Counsel LLLC
Honolulu, Hawaii  96813
Member of the national ElderCare Matters Alliance, Hawaii chapter

Stay in Touch with Elder Care Matters

 Facebook  Twitter  Google Plus  Linked  Blogger

eNewsletter Sign Up

ElderCare Answers

If you need answers to your elder care questions, send your questions to us at:


Answers are provided by our ElderCare Matters Partners, some of America's TOP Elder Care Professionals who have years of experience in helping families plan for and deal with a wide range of Elder Care / Senior Care Services.

All Q&A's are posted on the homepage of ElderCareMatters.com

ElderCare Matters Articles

ElderCare Matters Articles are useful and up-to-date Elder Care / Senior Care articles that are provided by our ElderCare Matters Partners to help you plan for and deal with your family's elder care matters.

If you help familes plan for or deal with elder care matters, then you owe it to yourself and to families across America to become a professional member of the National ElderCare Matters Alliance and to be listed on the many Elder Care / Senior Care Directories that are sponsored by this National Alliance of Elder Care Professionals.


For additional information about professional membership in the National ElderCare Matters Alliance, (including the many benefits of becoming one of our ElderCare Matters Partners) and to download an Application for your Basic, Premium or Partner Membership in the National ElderCare Matters Alliance, visit: ElderCare Matters Alliance.