Do I need to also have a will and living trust in CA where I now live in even though all my property is in SC?

Asked over 1 year ago - San Diego, CA

I have property in SC solely in my name. I already have a living trust and a will in that state stating that the property will go to my wife after my death and then to my children after my wife's death.

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Attorney answers (3)

  1. Amanda Marie Cook

    Contributor Level 15

    3

    Lawyers agree

    Answered . Your Will and Trust should remain valid in SC and in CA. Other than regular updates, you do not need to make any changes. However, if it has been several years since an attorney last looked at your documents, it may be time for a review.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  2. Michael T Millar

    Pro

    Contributor Level 19

    3

    Lawyers agree

    1

    Answered . No - where you reside does not require that your will be changed so long as it was validly witnessed and executed in the jurisdiction where it was first signed.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  3. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with my colleagues. I would add, however, that if you keep your property titled the way it is, probate will be necessary upon your death, and that would defeat one of the major benefits of having a trust. ALL assets should be titled in the name of the trust, if you want to avoid probate and have its terms apply. This should be done by an attorney to make sure it is done right.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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