Should I Have My Estate Planning Documents Evaluated by an Attorney?

The decision to execute a last will and testament, create a living will, living trust, or anything else that implicates your rights and interests as you get older, it is a good idea to periodically review your documents and accounts to ensure everything is up to date and that your wishes are accurately reflected in valid and legal documents. There are a number of things that cause people to change their existing estate planning documents that include, but are not limited to, the following:

  • Moving to a new state;
  • Deciding to change how your property and assets should be distributed upon your death;
  • Divorce;
  • Bankruptcy; and
  • Medical condition (both physical and mental).

First and foremost, any estate planning document should be based on the law in the state where you live. While it may be possible to enforce estate documents based on another state’s laws, it is best to follow the law in the state where you live. However, there may be reasons to apply another state’s laws, so issues about what laws apply to your situation should be discussed alongside a licensed attorney experienced in elder law.

In addition to moving to another state, the other factors identified above can create a situation where your wishes may have changed. In such cases, if you want your new wishes to be reflected, you will have to revise or rewrite a last will and testament, or adjust the language in a living will. To do so, it is a good idea to discuss the matter with an attorney.

Contact Giro Elder Law Today to Speak with Our New Jersey Elder Law Attorneys

Whether you created your estate planning documents on your own, or another attorney prepared them for you and you have questions or concerns about the documents, you should consider speaking with a qualified legal professional with the necessary dedication and skill to help you make the right choices. To speak with a New Jersey Elder Law Attorney about your situation, contact Giro Elder Law today by calling (201) 690-1642.


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