Estate planning isn’t usually one of the first things people do when they move to Kauaʻi. You’re here to slow down and soak up nature, find a sense of community, and fly to the mainland whenever you need a dose of grandkid time–definitely not to deal with the more tedious tasks of retirement.
But it’s important to think about how the “one foot in paradise, the other back home” lifestyle can complicate your estate plan. And I don’t just mean “Oops, I left some important paperwork in the safe back home.’’ If you’re not in Kansas anymore but your kids and second home still are, here are four questions to ask about your estate plan.
And if your circle looks a little different–siblings, close friends, a partner, or chosen family instead of kids–the same questions still apply. It’s really about whoever might need to step in for you, wherever they happen to live.
Are Your Healthcare Needs Still Covered?
If or when your health changes, who’s actually going to be here? When the kids are busy building careers and families back home, relocating to Hawaiʻi isn’t necessarily part of the plan (unless that’s literally what you’ve agreed on together). That brings up two important questions:
- Do you need to update your healthcare Power of Attorney (POA)?
- Do you need to make a new plan for your future care needs?
Moving to Kaua‘i isn’t just moving out of state—It’s moving to a completely different time zone. If you have a medical event and are incapacitated, you want to make sure someone you trust is available to make timely healthcare decisions. If one of the kids back home is your healthcare POA, consider naming an in-state alternate agent who can step in immediately if needed.
Secondly, think about your long-term care needs. If moving in with the kids in your later years isn’t an option, do you have enough saved for in-home care or a care facility in Hawaiʻi? If you got sticker shock the first time you bought a gallon of milk here, wait til you see the price tag on a care facility stay.
Pro Tip: If you want to grow old on Kaua‘i, have a conversation with your financial advisor about retirement savings, and talk to an attorney experienced in elder-law and Medicaid planning now, not when the need is urgent. Medicaid eligibility rules are highly specific, so understanding how transfers, trusts, and timing can affect whether or not you qualify can help you plan proactively.
What About Your Multi-State Properties?
If you kept a home on the mainland, or you’re renting out the house you raised your kids in while you settle into island life, your estate plan needs to account for how each property is titled, who gets it when you’re gone, and how it should pass to them. Your will or trust can cross state lines, but laws of the state where that property is located will still impact important issues involving that real estate.
If mainland property remains in your individual name when you die, your family may need a primary probate in Hawaiʻi and an additional proceeding in the state where the property is located. Depending on the circumstances, proper titling or a fully funded revocable trust may reduce or avoid that additional proceeding.
For example, if you die while the family cabin in Oregon is in your name, your family may need a primary probate (the main legal court proceeding to approve your will and handle asset management) in Hawaiʻi, plus an additional proceeding in Oregon. But depending on the circumstances, proper titling or establishing a fully funded revocable trust could help you reduce or avoid that additional proceeding.
Fixing this challenge can mean a lot of phone calls and headaches, so one of the things I do for clients is “coordinate the coordination.” If you have a trusted estate attorney back home who handled the documents for your mainland home, I can collaborate with them directly on deeds, titling, and other state-specific requirements. The goal is one coordinated strategy in which everything plays nicely together, not a patchwork of documents that conflict or leave property unaddressed.
Do Your Existing Documents Still Work Well in Hawai‘i?
Moving to Kauaʻi doesn’t automatically invalidate an estate plan, as long as it was properly signed on the mainland. In fact, in many cases, an existing will, financial power of attorney, or advance health care directive may remain legally valid here. But it’s important to realize that legally valid doesn’t necessarily mean current, practical, or right-sized to your new island life.
So, where to start? Two documents worth reviewing right away are your Advance Healthcare Directive and your Financial Durable Power of Attorney–not necessarily because they don’t apply anymore, but because a Hawaiʻi review can help you catch what you might have left out or need to update: outdated agents and addresses, gaps in how your property is titled, and documents that local financial or health care institutions may be less familiar with, along with making any island-specific provisions. To help catch anything else that might slip through the cracks, you can learn more here.
Are Your Legal and Financial Teams Talking or Playing Telephone?
You know how the couch cushions tend to swallow things? If your estate attorney and financial advisor aren’t communicating, it can create the same kind of black hole, except you risk losing something more important, such as:
- Tax-saving opportunities for you or your heirs
- Lower probate costs
- Avoidable financial burdens for your kids
I’m a strong advocate of financial and estate strategies that work together as a whole. As both a Hawaiʻi estate-planning attorney and a CFP® professional, I can help you identify and coordinate the legal and financial pieces of your plans, so they work together instead of past each other.
The Bottom Line
The sooner you update your estate plan after a move, the better. It’s tempting to put it off until you’re “really settled in,” but life doesn’t wait for a convenient season, and neither should your plan.
This is especially true right now on Kaua’i, where many estate planning attorneys are booked out for months. If you wait until you need one, you may find yourself without options exactly when you need them most. I’d rather help get you squared away now than have you scrambling later. Reach out, and let’s get your island life and your mainland life working from the same plan.
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