Clyde recently visited his attorney and asked for review of a will drafted by an out-of-state attorney. Clyde explained that his will had been drafted by a Colorado attorney when he lived in that state. His wife had recently died, and he wanted to be sure that his will would work in Maryland, where he had moved to be near his children.

The attorney leafed through the short document. "Your situation raises several issues, Clyde," he said. "Even though your wife has died, your will leaves everything to your kids if she predeceases you, so it will ‘work’ in that respect."

Clyde nodded. "That’s what I thought," he said. "Does that mean I’m okay?"

The attorney shook his head, "Your will appoints your wife as your executor. Even though your son is named as the backup, it would be easier for him if you changed the will to make him the first executor. You should also name another person to back him up, in case he dies before you do."

"I hadn’t thought of that," Clyde mused. "And my son lives in Wyoming – not far from where I lived in Colorado, but pretty far from here."

"The distance is not a significant hindrance," the attorney counsels, "as long as there’s someone here to go through the house and your personal effects. That’s pretty time-consuming and inconvenient for someone from halfway across the continent.

"Your son could be the executor, as long as someone here agrees to be the ‘resident agent,’ the local party over whom the Court can exercise jurisdiction. But you should still name a backup."

Clyde nods. "He’s my oldest, and I really rely on him. Maybe he could be the executor and my granddaughter who lives here could be the backup. She could be the resident agent, too.

"A friend of mine changed his will by drawing a line through the parts he didn’t want and initialing it. His lawyer in Colorado said that’s legal. Can I just do that?"

"No," the attorney cautions, "that could invalidate your will in Maryland. It’s better to create new documents. And, besides, you need to update your powers of attorney and your medical directive.

"Federal law changed in 2003, and powers of attorney that become effective when a doctor certifies you incompetent don’t work anymore. We need to change your powers of attorney so that they comply with HIPAA’s privacy requirement.

"Also, your medical directive doesn’t really fit Maryland’s statutes. We should rewrite that so that it works here. And your son in Wyoming might not be the best person to make your medical decisions, since he isn’t here. The person who goes with you to the doctor might be a more logical choice."

"Alright," Clyde assents, "let’s get them all redone so they work when I need them."

If you’ve imported your documents, or if your life has changed, call your lawyer for a document review. Make sure your documents work when you need them.