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Are living trusts transferable state to state?

Cartersville, GA |

I have a revocable living trust generated in Ca. I have moved to Ga.
Do I need a new trust?
It contains durable p.o.atty, a living will and health directive.
thank you.

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Attorney answers 1


Your trust may direct that California law shall apply to matters of construction and also as to determination of default distribution patterns, if all named beneficiaries and their issue are deceased. The forum court in your new state will generally follow the Trustors' instructions as to choice of law for such purposes. However, as to characterization of property, especially as to property acquired while you are in your new home state, the law of the jurisdiction will typically determine rights between the spouses. For example, had you stayed in California, the income of a spouse and the proceeds of investment of that income, is the community property of the parties, absent a marital property agreement changing that rule. In other states, which do not have a community property system, this may not be the case. So your expectations if based upon how California would characterize marital property, may not be fulfilled if you have moved to a state using a different system of marital property law.

When you get a chance, have a George estate planning lawyer look your trust over and talk to you about your scheduled community and separate property, and how enhancements and accretions to property will be characterized in your new state.