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

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

Posted

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.

Hope this helps. If you think this post was helpful, please check the answer was a good answer tab below. Thanks. Mr. Geffen is licensed to practice law throughout the state of Texas with an office in Dallas. He is authorized to handle IRS matters throughout the United States and is licensed to practice in US Tax Court as well as The Court of Claims. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

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Posted

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.

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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.

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