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Estate Planning for Snowbirds

Having your power of attorney and health care proxy follow both states’ rules can help your designees avoid hassles.

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Q I bought a condo in another state and plan to live there for a few months or more each year. Will my current will and other estate-planning documents apply in both states? --J.G, Springfield, Mass.

A

Your existing legal documents, including your will, should be valid in your new state, no matter how you split your time. But having your power of attorney and health care proxy follow both states’ rules can help your designees avoid hassles if and when they try to use them. For instance, if one state requires two witnesses plus a notary for your power of attorney and the other requires only that the form be notarized, follow the rules for the stricter state, says Tracy Craig, of Mirick O’Connell in Worcester, Mass. Or have a separate power of attorney and advance directive for each state, says Bernie Krooks, of Littman Krooks in New York. (You can have only one will.) Make them consistent, and have your attorney review both sets of documents.

See Also: 5 Reasons You Need an Estate Plan

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