If you’ve relocated states in retirement — or you’re planning to — there’s a good chance your estate plan hasn’t actually caught up, even if you’ve had it “updated” by a local attorney.

Here’s the problem: estate planning isn’t just a federal issue. Right now, a dozen states plus Washington, D.C. levy their own estate taxes, and many of those kick in at exemption levels far below the federal threshold of roughly $15 million. That means an estate can sail past the federal exemption with no tax owed, and still trigger a state-level bill — sometimes running into six figures — simply because of where you lived when you passed away.

Why “current” documents can still be broken

Imagine a couple who built a full estate plan years ago — trusts, pour-over wills, the whole structure — while living in one state. Later, they retire and relocate, and understandably, they go get new wills drafted by an attorney in their new home state.

On paper, everything looks fresh and complete. But here’s where things can quietly fall apart: if the new wills weren’t written to coordinate with the existing trusts, those trusts can become orphaned. Assets that were supposed to fund the trust may now pass directly through the will instead — bypassing the original plan entirely. And if property or accounts were never retitled after the move, you can end up with probate exposure in two states at once, not just one.

Nothing about this shows up as an error on the page. The documents are signed, dated, and legally valid. The failure only becomes visible when someone looks at how all the pieces are supposed to work together — and by then, it’s often too late to fix quietly.

It’s not just about paperwork — it’s about proving where you actually live

One of the most overlooked pieces of a move is “domicile” — the state that’s legally considered your true, permanent home. States can and do audit this, especially for higher-net-worth households, and intent alone isn’t enough to establish it. What matters is the pattern of your actual life:

• Where you spend the majority of your time each year
• Where your doctors, financial advisors, and other key relationships are based
• Where your driver’s license, voter registration, and vehicle registrations are held
• Where your primary financial decisions are actually made

If those details point in different directions — say, a homestead exemption in one state and most of the calendar year spent in another — that inconsistency is exactly what invites scrutiny.

Trusts don’t automatically follow you, either

Something many people don’t realize: an existing trust doesn’t relocate with you just because you do. The law governing how a trust is administered — its “situs” — stays put unless someone actively changes it.

Depending on how the trust was originally drafted, that change might be as simple as naming a new trustee in your current state, or it might require a more involved process (sometimes called “decanting,” where the assets are effectively poured from an old trust into a newly drafted one). Either way, it’s not automatic, and leaving a trust sitting in its original state can mean it’s still governed by tax or legal rules that no longer fit your life.

What this means for you

A move — even one that feels straightforward — is a legitimate trigger to have your entire plan reviewed, not just your will. That includes:

• Confirming your domicile is well-documented and consistent across every formal indicator
• Reviewing whether existing trusts still make sense to keep in their original state
• Making sure new estate documents were actually built to coordinate with what already exists, not just replace it
• Retitling accounts and property so they align with your current plan

The plans that hold up aren’t necessarily the ones with the most polished paperwork — they’re the ones that get revisited every time life changes, especially a move across state lines.

If you’ve relocated recently, or you’re weighing a future move, it’s worth having a conversation before assuming your existing plan still works the way you think it does.

Securities are offered through LPL Financial, Member FINRA/SIPC. GenWealth Financial Advisors is an other business name of Independent Advisor Alliance, LLC. All investment advice is offered through Independent Advisor Alliance, LLC, a registered investment adviser. Independent Advisor Alliance, LLC is a separate entity from LPL Financial.

This information is not intended to be a substitute for specific individualized tax or legal advice. We suggest that you discuss your specific situation with a qualified tax or legal advisor.