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Modern Estate Planning Blog

Elder Law & Special Needs Planning

Elder Attorney in Sacramento Encourages Snowbirds to Plan for Dual Residency

December 3, 2010

It’s officially December, which means the “snowbirds” are starting to take flight!

As an elder attorney in Sacramento, I am all too familiar with this term!  However, if you aren’t familiar with snowbirds, they are essentially people who take flight every winter in favor of a warmer climate.

Perhaps that means you and your spouse head for Arizona, New Mexico or somewhere else closer to the equator as the weather cools here in Sacramento. Or maybe Sacramento is the snowbird location of choice for your elderly relatives seeking to escape the brutal cold of the northern and Midwest states.

Either way, thanks to today’s’ mobile society, more and more retired people have the luxury of residing in multiple states—even when it’s not snowing outside (I know how motivating seeing those grandchildren can be!)

If you or an elderly loved one falls into the “snowbird” category this year, I want you to do some homework before leaving your primary residence to find out whether your will, trust or other estate planning documents will work as you planned if something unexpectedly happens to you.

That’s simply because each state has its own set of laws and rules , which means that your seemingly rock solid estate planning documents may not work properly, or even be considered legal, in another state.

This is especially true as it relates to your living will, advanced health care directive, or financial durable power of attorney. These documents are very state specific and a doctor or hospital may choose not to honor your healthcare wishes or choice of designated health care agent if something unexpectedly happens in your dual residence state.

Fortunately though, all of this is avoidable with a little bit of help!

You simply need to meet with an elder attorney in Sacramento who can help you determine what is, and is not legal in the states in which you reside. This is especially important if your planning documents were created before you owned property in this dual state.

Here at the Chubb Law Firm, we are happy to help you get to the bottom of such dual residency issues. We do that by reviewing and thoroughly discussing the documents you already have in place during a comprehensive Peace of Mind Planning session. These sessions are normally $750, but you can come in for free with the mention of this article. Simply call (916) 241-9661 to reserve your spot.

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