For Texas Lawyers : Do the successor trustees have to be in Texas to sign the Trust documents when its created?

Asked about 2 years ago - Houston, TX

Can we put a house in CA in a Trust created in TX? Or do we need to have a separate Trust in CA for the House?

Attorney answers (3)

  1. Arthur Harold Geffen

    Pro

    Contributor Level 17

    10

    Lawyers agree

    1

    Answered . Are you using CA to be Canada or California. You certainly you put real estate in either California or Canada into a Texas living Trust. You will need Texas counsel and counsel in either California or Canada. And no the successor trustees do not have to sign the trust agreement.

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  2. Jessica Anne Newill

    Contributor Level 12

    5

    Lawyers agree

    Answered . I agree with the prior answer and would add one of the main purposes of a Trust is to hold out of state property. Generally if you died owing property in Texas and California, you would need probate in both states to transfer each property. A Trust is often used to avoid out of state or "ancillary probate" of the out of state property. You should consult a Texas estate planning attorney and you will need a CA attorney, assuming we are talking about California, to draft a deed for the CA property to transfer it to the Trust. Your Texas attorney may be able to facilitate hiring the CA attorney.

    This answer contains general information. None of the information contained in this communication is intended as... more
  3. Eric Jerome Gold

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Successor trustees do not normally need to sign the trust documents at their creation or execution. As for a TX trust holding CA real estate, that would not be anything out of the norm. This should not be a do-it-yourself project, you need a trust attorney's guidance and direction to be sure that the trust is properly drafted to accomplish your goals and that the trust is properly funded. For example, if you transfer the CA real estate to the trust, and fail to properly complete a CA Preliminary Change of Ownership Report form, you may trigger a property value reassessment. It is worth consulting with counsel.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

Related Topics

Estate planning

Estate planning refers to the process in which you decide and document what happens to your assets after you die, by making things like wills or trusts.

Ancillary probate

Ancillary probate is a probate proceeding held in a state other than your home state, used to distribute property you own in that state according to its laws.

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