DoI Need to Change My Trust if I Move to Another State?

Full question:

How does moving out of the state (Calif) affect my and my late husbands Inter Vivos trust? I was thinking of moving to Nevada

  • Category: Trusts
  • Date:
  • State: California

Answer:

Typically, a new trust doesn't not need to be created solely due to relocation to another state. The answer will depend in part if location of the assets of the trust are going to change. In order to make changes to a revocable living trust, a person may sign a Trust Amendment or sign a complete Trust Restatement. A trust amendment changes specific provisions of a revocable living trust but leaves all of the other provisions unchanged, while an amendment and restatement of Trust completely replaces and supercedes all of the provisions of the original revocable living trust. We are prohibited from giving legal advice, as this service provides information of a general legal nature. I suggest consulting a local attorney who can review all the facts and documents involved.

 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The resident state of a trust is typically determined by the location of the trustee or where the trust is administered. If the trustee moves to a different state, it may affect the trust's residency. Additionally, the state laws governing the trust and the location of the trust assets also play a role.