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is trust legal in another state?

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ephillips2

Junior Member
What is the name of your state (only U.S. law)? California.
My husband and I have a trust that was made and signed in Ohio a few years ago. Since then, we have moved to California. Is everything listed in this trust valid in our new state or do we have to do this all over again? We have heard that we have to redo our living wills and power of attorney so it will be legal in CA. What about the rest of the trust?
 


curb1

Senior Member
Where are the assets that are listed in the trust? Who are the beneficiaries of the trust assets? Is the trust a revocable "living trust"? The trust remains valid when you moved, but you should consult with an attorney to see if the trust needs to be revised.
 
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TrustUser

Senior Member
i am not sure why it matters what assets are in the trust or who the beneficiaries are, as to this current situation of the op "re-doing" the trust ?
 

TrustUser

Senior Member
ephillips2,

a trust should state "which geographical state" the trust is being governed by.

it is not uncommon to have a clause that allows the trustee to change the state by which the trust is governed by.

very little wordage (if any at all) in a typical trust document mentions anything about any particular state rules.

so where the difference generally can come into play, is the default rules that each state may have. if a trust document does not specifically mention something, then the state default rule will take over.

from what i have gathered, there is very little difference in trust laws in the 49 states that came from english law (louisiana came from the french system).

it certainly doesnt hurt to contact an attorney in california who is familiar with trusts, but it is doubtful that much, if anything, needs to be done.

in fact, if you get an answer from an attorney, who tells you otherwise, i would caution you to get a second and third opinion, before you make a whole new document, and then need to re-title everything again.
 

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