Your estate plan may not be one of the first things on your mind when adjusting to life in a new state. However, as a new Texas resident, you should consider updating it.
Which documents should you update?
There are Texas laws you can take advantage of to make probating your will easier. Review your will to make sure you have appointed an independent executor and included a self-proving affidavit. A notary and two witnesses must be present to execute the will.
Power of attorney
Texas has a comprehensive law that provides your agent with explicit authority. Review your power of attorney to ensure that it includes the correct language.
Update your medical power of attorney, HIPAA release and directive to physicians to ensure compliance with the Texas statutory forms and Texas HIPAA laws. This will help ensure that medical providers follow your instructions because they will not need to have your former state’s forms reviewed by their legal team.
Designation of guardian
Texas law allows you to both appoint a person you want to be guardian if you need one and to prevent a person you do not want as your guardian from assuming that role. If you did not have a designation of guardian in your old state, create one. If you did, update it to make sure it takes advantage of Texas law.
Designation of agent for burial
This document allows you to state how you want your body disposed of after you die and who you want to make the arrangements.
Once you have updated these documents they should replace your existing estate documents.