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Esther Chen Wang

Esther Wang’s Answers

1 total

  • Do you need to change your TRUST when you move to a new state?

    If my trust was executed in Michigan and I have since moved to California, do I need to have a new trust executed?

    Esther’s Answer

    Yes and no. The trust created in Michigan should first be reviewed by an estate planning to determine if the trust is compliant with California law. Typically, if a revocable living trust is properly drafted and is good for Michigan, it is usually good for California as well. The reason is because most states' trust laws follow a set of uniform rules and the IRS codes, and the IRS codes and regulations are the same whether in Michigan or California. The trust should be reviewed, and the cost of reviewing the trust is usually substantially less than creating a new trust. I am concerned about the other documents that came with the Michigan trust, such as the pour-over will, powers of attorney, and property agreement, since California is a community property state. The power of attorney should include long-term care provisions will allow the agent under the power of attorney to plan for governmental long-term care benefit in California. i hope this helps.

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