beneficiaries

Q&A: Do you need a new will when you move to another state?

October 12, 2026 By Liz Weston Leave a Comment

Dear Liz: I have a will, properly done by an attorney, in my home state of Texas. I’m thinking of moving to California. Will the state of California recognize and accept my will?

Answer: The short answer is yes, but you should consult a California attorney anyway.

California generally recognizes a will that was valid under the laws of the state where it was executed. But moving to another state can affect other aspects of your estate plan.

Probate in California — which is the court process that typically follows death — can be expensive and protracted. A will doesn’t avoid probate, but a living trust can. The two states also differ in how marital property is treated, even though both are community property states.

Two other documents you should have — a power of attorney for finances and an advanced healthcare directive — also would benefit from updating. These documents allow you to name trusted people to make decisions for you if you’re incapacitated. Having California-specific versions could make it easier for financial institutions and medical providers to accept them. Plus, it’s generally a good idea for the person making healthcare decisions to be physically nearby. That makes it easier for them to get to the hospital in an emergency, consult with doctors and see for themselves how you’re doing.

While you’re at it, take a look at your beneficiary designations for retirement plans, life insurance and other financial accounts. These designations typically override what your will or living trust says, so you’ll want to make sure to review and update those regularly.

As you may have read here before, estate planning is not a “one and done” chore. You should have an attorney review your documents every three to five years and after any major life event, including a move to a new state.

Q&A: Does an inherited Roth IRA get a new 10-year deadline?

September 21, 2026 By Liz Weston

Dear Liz: I recently inherited a Roth IRA. If I understand correctly, I can leave the money in the IRA for 10 years. If I die before then and my adult son inherits the account, does he then get an additional 10 years to do something with the money?

Answer: That depends on the circumstances.

If you inherited this Roth IRA from your spouse, you can use your own life expectancy to calculate required minimum distributions, Luscombe says. If you die before emptying the account, your son typically would get 10 years from the date of your death to drain it.

The same rules apply if you are otherwise an “eligible designated beneficiary,” which includes disabled or chronically ill people and those who are not more than 10 years younger than the original Roth IRA owner.

If none of the above exceptions apply, however, you must empty an inherited Roth IRA by Dec. 31 of the 10th year following the original owner’s death. If you die before then, your son inherits your deadline along with the account. He doesn’t get a new 10-year period but must withdraw the money from the Roth by the same deadline that applied to you.

Q&A: Should you add beneficiaries to all your accounts?

December 22, 2025 By Liz Weston

Dear Liz: In response to a reader who asked about creating a will, you suggested options for low-cost online resources. That is great! But, I would encourage you to remind readers to designate beneficiaries on accounts and assets where that option is available.

While they should still have a will, many readers may not know that they can add beneficiaries to brokerage, checking, and savings accounts (in addition to IRA and retirement accounts) so that their assets will pass directly to the designated beneficiaries and not have to go through probate with the extra hassle, time and expense.

For those without a trust, designating beneficiaries may be the easiest way to pass on many of their assets. In California (and some other states), even houses may pass without probate with a transfer-on-death deed. Many readers may not know about the option to add beneficiaries, and you would do your readers a service by educating them about it.

Answer: Anyone adding beneficiaries to accounts needs to be aware of some major potential drawbacks.

A big one involves settling the estate. If all available funds are transferred directly to beneficiaries, the person settling the estate may not have enough cash to do their job.

Beneficiary designations can also result in unintentionally unequal distributions if there’s more than one heir, and complications if the beneficiaries die first or aren’t changed appropriately as life circumstances change.
That’s not to say that beneficiary designations are the wrong choice, but they’re certainly not a one-size-fits-all option.

Q&A: Credit card debt doesn’t disappear when you die

April 14, 2025 By Liz Weston

Dear Liz: I am an 80-year-old female in generally good health. My only family is my unmarried 54-year-old son. The only debt I have is credit card debt of about $30,000 at 0% interest. It’s in my name alone. My house and car have been registered with “transfer on death” designations. My son’s name is on my modest checking account. When I die, is there a legal situation where he would be required to pay the credit card debt? There will be no probate.

Answer: Credit card debt doesn’t just disappear when you die. The debt would become the responsibility of your estate. Transfer-on-death options avoid probate, the court process that otherwise follows death, but creditors can still go after the property that’s been transferred.

Depending on state law, creditors may have longer to make their claims than if your estate had gone through probate or if you had used a living trust, says Jennifer Sawday, an estate planning attorney in Long Beach.

That’s among the reasons why transfer-on-death designations may not be the best solution. Consider making an appointment with an estate planning attorney to discuss your situation and possible alternatives.

Also, your 0% interest rate is temporary. Once the current teaser rate ends, you’ll likely pay a much higher interest rate and your monthly payments could jump. If you can pay off this debt, that’s probably the best course. If you can’t, you may want to discuss your situation with a bankruptcy attorney.

Q&A: The ins and outs of what counts for probate

April 1, 2024 By Liz Weston

Dear Liz: The value of our car, furniture and personal items is well below the $185,000 that currently triggers probate in California. We no longer own real estate. Am I correct that investment and bank accounts that have designated beneficiaries do not count toward the probate limit?

Answer: Yes. (Your car doesn’t count either, by the way.)

Most states have simplified procedures for smaller estates. California’s limit, which is raised with inflation every three years, was set at $184,500 on April 1, 2022. What’s counted for probate purposes depends on state law, and California excludes cars, boats and mobile homes, as well as bank accounts owned by multiple people, property that transfers directly to a spouse and real estate outside California.

Other property that avoids probate includes life insurance proceeds, death benefits and accounts that have named beneficiaries. Real estate can avoid probate if it’s held in joint tenancy or is transferred using a transfer-on-death deed. Property in a living trust also avoids probate.