Moving to another state? Pay attention to estate planning to avoid complications, legal conflicts

Many Americans relocate during retirement or make significant life changes after creating their estate plans. If you've created a will while living in one state but later move to another, which state's laws will govern your estate? The answer depends on several factors, including whether your will contains specific provisions about which state's laws should apply.

A 2024 Alaska Supreme Court decision in the Matter of the Estate of Paul Arthur Bentley demonstrates what can happen when someone creates a will in one state, moves to another state and then experiences significant life changes such as marriage before their death.

Paul Bentley created his will in August 2017 while living in Alaska. His will contained a specific provision stating it should be administered under Alaska law. In the will, he left property to Eleanor Haynes (his future wife), his brother and the National Kidney Foundation (NKF).

About a month after creating his will, Bentley moved to Washington state to live with Haynes. Shortly before his death in November 2017, he married Haynes. This created a situation legal experts call an "after-married spouse" scenario — where someone gets married after creating their will.

After Bentley's death, a dispute arose between Haynes and the NKF. Haynes argued that Alaska law should apply as specified in the will. Under Alaska law, she claimed rights as an "after-married spouse," potentially entitling her to Bentley's entire estate. The NKF argued that Washington law should apply since Bentley was domiciled there at death. Under Washington law, Haynes would receive significantly less.

The Alaska Supreme Court ruled in favor of Haynes, determining that Alaska law should govern the interpretation and effect of the will, including the rights of an after-married spouse. This was based on the interpretation of Alaska's probate choice-of-law statute, which allows testators to choose which state's laws will govern their will, even if they later move to another state.

Each state has its own distinct laws regarding estate planning matters, which can significantly impact how your assets are distributed. State laws vary dramatically in how they protect surviving spouses, particularly those who marry after a will is created. When parts of a will become invalid, states have different rules about who inherits through intestate succession. Procedural aspects also vary widely, with probate processes being much more complex or expensive in some jurisdictions than others.

The Bentley case specifically highlights how different states treat marriages that occur after a will is signed. Alaska law creates a default rule that a surviving spouse who marries the testator after the will's execution is entitled to an intestate share — potentially the entire estate if there are no descendants. This presumption can be overcome if the will shows it was made in contemplation of the marriage, if it expressly states it remains effective despite any future marriage or if the testator provided for the spouse through transfers outside the will.

Washington law, in contrast, has different requirements for after-married spouses, generally only providing intestate benefits if the will "fails to name or provide for" the spouse married after the will's execution. These differences in state laws can lead to dramatically different outcomes for beneficiaries, as the Bentley case illustrates.

Any significant life change should trigger a review of your estate plan. Relocation to a new state, marriage or divorce, birth or adoption of children, acquisition of property in another state and significant changes in financial circumstances all warrant a fresh look at your estate planning documents. The Bentley case clearly demonstrates that failing to update your will after moving to a new state or getting married can create complex legal issues for your heirs.

Revocable living trusts can sometimes provide more consistent results across state lines than wills alone. They can avoid probate in multiple states where you own property and can include more detailed provisions for various contingencies. Trusts can provide clear direction regardless of where you live at death, potentially sidestepping some of the jurisdiction issues that complicated the Bentley case.

If there's any possibility you might marry after creating your will, include language specifying your intent regarding a future spouse. Consider whether you want your will to remain effective regardless of marriage and document any non-testamentary provisions made for a future spouse. Had Bentley's will explicitly addressed his potential marriage to Haynes, the lengthy legal dispute might have been avoided.

If you own property in multiple states, estate planning becomes more complex. Each state's laws may apply to property physically located within its borders. Real estate typically falls under the law of the state where it's located, while personal property generally falls under the law of your domicile at death. This creates a patchwork of legal jurisdictions that requires careful navigation to ensure your assets are distributed according to your wishes.

Your "domicile" (legal home) determines which state's laws apply to many aspects of your estate. You can have multiple residences but only one legal domicile. Domicile is determined by factors such as where you vote, have a driver's license, pay taxes, and intend to remain permanently. The state where you're domiciled at death often has primary jurisdiction over your estate. In the Bentley case, the court determined that Bentley was domiciled in Washington at the time of his death, but his choice of law provision in the will allowed Alaska law to govern nonetheless.

The Bentley case serves as a powerful reminder of how complex estate planning becomes when multiple states and changing life circumstances intersect. While including a choice of law provision in Bentley's will ultimately protected his apparent intentions, the case required litigation all the way to the Alaska Supreme Court — a process that was likely costly, time-consuming and emotionally draining for all involved.

Estate planning is not a one-time event but an ongoing process that requires periodic review, especially after significant life changes. By proactively addressing the potential impact of relocation or marriage on your estate plan, you can prevent unintended consequences and ensure your wishes are honored.