Thinking about updating your will or trust? It’s natural to wonder if you should work with your old attorney or if it’s time to find a new attorney. But when is it worth making a change — and why should you do it?
An estate plan should evolve as your life changes and sometimes that means changing your estate planning lawyer. Whether you’re switching estate planning attorneys due to a move, a retirement, or dissatisfaction with your current one, it’s important to understand why and what it could mean for your legal documents.
Reasons to update your estate plan
There are many valid reasons for finding a new attorney for an old estate plan, including relocating, your original attorney retires, or major life changes such as marriage, divorce, or welcoming new children (or even pets!).
If you’re moving states, then it’s often easier to work with someone local. That’s because state-specific tax laws and probate procedures can affect how your estate plan functions. Furthermore, your old attorney may not practice in your new state.
San Diego Estate Planning
San Diego Estate Planning
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Finding a new estate planning attorney for an existing estate plan can also be an opportunity to revisit earlier decisions with a clean slate. If your priorities have shifted, then a new attorney can guide you through a fresh approach, making it relatively simple to update your estate plan.
The process of transitioning to a new lawyer is fairly simple, but there are a few issues to consider:
- Some older estate plans follow frameworks or include clauses that are no longer commonly used or advisable (e.g., bypass trusts that no longer make tax sense or provisions that conflict with state-specific laws).
- Your will and trust could be legally valid but noncompliant with local probate procedures, causing confusion, delays, or challenges for your heirs.
- Mixing drafting styles can cause interpretive problems down the line.
- Some legal documents, like a joint will or irrevocabletrust, may not be easily amended — or at all — without meeting strict requirements.
In any of these cases, your new attorney may need to draft new documents to comply with state law or document limitations.
Keeping up with the times
Modern estate plans are more dynamic than ever, often requiring new strategies and updated structures. If your current documents no longer reflect your life goals, then it may be time to hire a different lawyer to update your estate plan. Sometimes, a fresh perspective can make all the difference.
Exploring options in California? Looking for more reasons to get a new estate planning attorney? Rod Hatley, San Diego Asset Protection Attorney, helps clients update outdated plans and craft new ones with clarity, strategy, and confidence. Contact us today!
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