Out-of-State Wills & Trusts

Idaho is a great destination for those seeking a welcoming community for retirees. As a result, our firm is regularly asked to review estate planning documents – Wills and Trusts – that have been prepared in another state. Will those documents created elsewhere work here in Idaho? Or will they need to be modified in order to be Idaho-compliant?

At Peters Patchin & Monaghan, we put our extensive experience to work for you to create your custom Estate Plan package. Partners Daniel Patchin and Ben Monaghan work closely with each other and with senior partner, Barry Peters (retired), to craft the best possible Will or Trust to meet all of your needs in the most efficient and affordable manner possible. You’ve worked hard to provide for your loved ones. We can help you map out the best plan for doing so.

As a general rule, your Wills and Family Trusts created in other states do not need to be revised when you move to Idaho. Idaho recognizes wills and trusts from all other states regardless of whether or not they were drafted and signed with the same formalities required of trusts created in this state.

So, unless you have specific changes that you’d like to make to your Will or Trust — for example, changing beneficiaries, Trustees, or Executors — there should be no need to have those documents reviewed simply because you have recently moved to Idaho.

Having said that, there are a few details in related documents that may need to be updated:

Until relatively recently, Powers of Attorney and Living Wills created in another state did need to be updated in order to be Idaho-compliant. That need virtually disappeared under a new statute enacted by Idaho in 2015. Under that statute, Living Wills and Powers of Attorney created in another state will be given full-effect here in Idaho so long as they were valid when and where they were created.

Having said that, one exception that makes an update of your Power of Attorney and your Living Will a good idea is this: If your documents were created before 2006, then they probably need to be updated to include a HIPPA authorization. That authorization is what will permit your doctors to discuss your medical situation and history with the person you’ve named as your agent under your Power of Attorney. It is crucial for your medical Power of Attorney and Living Will to include explicit authorizations under the federal HIPPA statutes to provide the maximum benefit to you. Consequently, if you don’t see some reference in your documents to “HIPPA,” then an update is in order.

In addition, if your Power of Attorney does not become effective unless you become mentally or physically incapacitated, we would strongly encourage you to consider having it re-drafted. The better approach is to have a Power of Attorney that is available any time the need arises, instead of putting your loved ones through the additional stress of having you declared incapacitated. Since your Power of Attorney is revocable at any time, if you suspect there may be a problem with the person you’ve named as your agent under a document you’ve signed, you can simply revoke it and eliminate any such risk.

In summary, if you are still satisfied with the persons to whom you will be leaving all your property and belongings and the persons you have named as your Executor and/or your successor Trustee, then there should be no need to have your out-of-state Family Trust or Last Will and Testament reviewed by an Idaho Attorney.

But if you have a Living Will and/or a Medical Power of Attorney which were prepared without the inclusion of the necessary HIPPA authorization, it may be wise to have those documents reviewed and updated.

If you would like to learn more about these types of questions, please give us a call at 208-939-2600 to schedule your free initial consultation. Or you can schedule your expedited appointment at your convenience by clicking on either of the gold “Schedule Now” boxes on our Home Page.