If someone moves from one state to another, what legal documents, such as a Will, needs to be redone?

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If someone moves from one state to another, what legal documents, such as a Will, needs to be redone?

My partner and I just relocated to CO from TX where we had Wills, durable medical POAs, and general POAs. All accounts, investments, and assets are in both of our names. We currently lease an apartment which is in both our names. What of the list of legal documents that we already have from TX needs to be redone for CO, if any? And, are there protections of homosexual couples in CO? Should I speak with an estate planning attorney ? In Denver, CO. 

Asked on August 9, 2010 under Estate Planning, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally, Wills that are valid by the requirements of the state in which they were drawn and executed are recognized as valid in other states.  This is a general rule foe medical and general POA's, under reciprocity laws that govern.  But it is advisable to double check the POA's - which are easily redone and less costly than re-doing a Will - to make sure that Colorado recognizes the Texas POA.  You do not need a lawyer to redo a POA so you may just want to get a Colorado form for both and execute same according to the Colorado law (which I am sure is at least before a notary).  I am not familiar with the Colorado codes regarding the safeguarding of assets between non-married couples so I would suggest that you seek help from an attorney there to make sure that your estate planning from Texas is up to date and valid just to be sure.  Good luck.


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