Relocation professionals are experts in managing logistics, benefits, and compliance. But one area often overlooked in the relocation process, especially for domestic U.S. moves, is the impact of state-specific estate planning laws. When an employee moves to a new state, their wills, trusts, and powers of attorney may no longer comply with local requirements, potentially leading to probate delays, invalid documents, or even disputes among heirs down the road.
While estate planning might seem like a personal matter, mobility leaders and HR teams can play a vital role in flagging this as part of post-move due diligence, especially for executive relocations, international assignees returning stateside, or employees with complex family or financial structures.
State laws govern nearly every aspect of estate planning—from how wills are executed to which powers of attorney are honored. Even if a transferee’s documents were carefully drafted in their prior state, they may not hold up in a new jurisdiction. Here’s how mobility professionals can help relocating employees avoid costly oversights:
1. Encourage a Legal Review Post-Move
After a domestic relocation, HR and mobility teams can prompt employees to review the following documents with a local estate planning attorney:
- Wills and trusts
- Powers of attorney (financial and healthcare)
- Advance health care directives
- Beneficiary designations on retirement accounts or life insurance
- Property deeds and titles
These documents often need to be re-executed to meet the new state’s standards—or updated to reflect new real estate, family situations, or tax considerations.
2. Understand Common Legal Incompatibilities
Mobility teams don’t need to be estate planning experts, but understanding key incompatibilities can help you provide better guidance. Examples include:
- Wills that don’t meet witnessing or notarization standards in the new state
- Trusts governed under laws that differ from the current state’s administration rules
- Out-of-state powers of attorney that banks or hospitals may refuse to honor
- Title and deed formats that don’t align with new state property laws
Encouraging transferees to consult a qualified local attorney can preempt issues that arise during a medical emergency or after death.
3. Align Estate Planning With Relocation Benefits
Some organizations offer legal assistance or estate planning support as part of an executive relocation package. Others may include legal webinars, discounts with vetted attorneys, or HR-led educational resources.
If your relocation policy includes home purchase support or financial planning, consider adding estate planning prompts during:
- Destination services orientation
- Home sale/purchase counseling
- Initial legal and tax consultations
This can be a value-add that boosts employee satisfaction and mitigates downstream risk.
4. Consider Special Situations
Relocation programs that involve any of the following should especially consider highlighting estate planning during or shortly after the move:
- Blended families or recent changes in marital status – New state laws may revoke prior designations or conflict with blended-family dynamics.
- Business owners or equity-holding employees – Transferees with succession plans, business interests, or cross-state operations will need to align estate documents with corporate legal realities.
- Digital assets – State laws vary in how they handle online accounts, digital files, and crypto assets. Ensure relocating employees know to update executor access and digital directives.
5. Avoid Common Pitfalls
Here are some of the most common issues mobility professionals should help employees avoid:
- Assuming their old documents are valid without review
- Failing to update property titles or transfer new assets into existing trusts
- Using outdated powers of attorney that may be rejected by institutions
- Overlooking estate planning altogether during the move
A checklist or reminder post-move can be a simple way to prevent these problems.
6. Work With Vendors Who Flag This Issue
If you partner with destination services providers, legal networks, or relocation management companies (RMCs), ask how they handle estate planning education. Including this in welcome materials or post-move checklists demonstrates a commitment to employee well-being and comprehensive support.
Final Thought
Relocating to a new state often prompts a flurry of personal and professional change but also presents a valuable opportunity for employees to revisit key legal documents. By integrating estate planning guidance into your mobility strategy, you help ensure a smoother transition for your people, protect their interests, and elevate your program’s duty of care.