I have a living trust done in California I recently moved to Texas. Does the trust need to be redone

Asked over 1 year ago - Los Angeles, CA

I have lived in California most all my life and had an attorney do a LIving Trust. I recently moved to Texas and was told by my doctor in Texas that my estate will go through Probate.

Attorney answers (5)

  1. Charles Adam Shultz

    Contributor Level 19

    13

    Lawyers agree

    Answered . Your trust should be fine. The issue is making sure that it is fully funded. If you hold any property in your individual name without a beneficiary probate will be necessary. If you intend to have your trust managed after you death by a trustee in Texas, it might be advisable to restate the trust and incorporate Texas law as you trust undoubtedly states that it is governed by California law. A Texas court can still deal with it, it just makes it harder for the court if there are issues.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  2. Amanda Marie Cook

    Contributor Level 15

    11

    Lawyers agree

    Answered . No, it does not need to be redone. Estate planning documents are not invalidated by a subsequent change in residence. However, estate planning is a process rather than an event. When major life changes occur, it is wise to review your estate plan in order to determine whether any changes should be made. Particularly depending on the reason for moving (e.g. grandchildren, great new job, retirement, marriage) it may be important to update your plan.

    As an aside, don't take legal advice from doctors.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  3. James P. Frederick

    Contributor Level 20

    7

    Lawyers agree

    Answered . I agree with my colleagues. This is something that you should review with an estate planning lawyer. It is very likely that your trust is fine, but there may be a difference in the laws of Texas which would give you an advantage. You also want to make sure that your POA forms are reviewed as well.

    James Frederick

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

    Contributor Level 15

    5

    Lawyers agree

    Answered . Perhaps you should hire a lawyer in Texas to give you legal advice about this. You might even ask your doctor for a referral, why not?

    consider the alternative that once you pass you won't be able to fix it.

    No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in... more
  5. Edna Carroll Straus

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Your doctor was practicing law without a license.

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by... more

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