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Trust drawn up in Illinois now in Missouri

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DianeM

Junior Member
What is the name of your state? Missouri

My parents put a trust together in Illinois in the 90's. My father passed away and I have helped my mom amend the trust to add thier home and other assets that were not named in the original trust (not updated). After having the amendment notorized I noticed the original trust has the statement, "The Declaration of the Trust shall be administered and interpreted in accordance with the laws of the state of Illinois." Can I amend the trust to be administered through the state of Missouri without rewriting it? If I'm correct the work involved in drawing up a new trust because of the state change would be huge because everything would have to be renamed in the "new" trust. All assets are already set up with the trust name. Any advice is appreciated.What is the name of your state?
 


divgradcurl

Senior Member
Being administered in accordance with the laws of a state does not necessarily mean that it has to be administered in that state. If it needed court action, there is no reason why a Missouri court couldn't interpret the trust under Indiana law. Talk to your estate planning specialist, but I don't see any reason why you would need to change the trust, unless there is something very unfavorable under Indiana law (or very favorable under Missouri law) that you want to avoid (or take advantage of).
 

Dandy Don

Senior Member
Have the trust reviewed by an attorney in whatever state you think the parents will DIE in, because that is the state law that will be applicable.
 

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