My husband wants to make a change to his revocable trust done in Illinois. He is in a rehabilitation center in Florida and wants to get it done here. Can a Florida trust attorney do this for us?
A revocable trust that is not yet in effect (but just created on paper) could be rewritten in Florida using Florida law. However, if it is already operating in Illinois, unless the attorney was also licensed in Illinois, there is a reason for using Illinois law, and the Trust provides for amendments to it by the Settlor (your Husband), he may only able to revoke the trust and create a new revocable trust with the assets from the first trust. Doing so could precipitate a taxable event and/or other consequences. Thus, a trust/tax attorney would need to review the Trust and your financial situation to advise you appropriately.
Yes, provided your husband has testamentary capacity, wants to change his trust and his trust contains no provision stating otherwise. You may want to conisder looking into long-term care, including Medicaid or VA benefits planning. Your husband should hire a qualified attorney to help him with this matter.
The short answer is yes. However an attorney will need to review the Trust to make sure. However, you say he is in a rehabilitation center, does that mean he will be going back to IL? I would only have a FL Attorney make changes if he is going to stay in FL. If he is going to go back to IL after the rehabilitation, I would have a IL Attorney make the changes. You need to seek the advice of an attorney beyond this forum. Good luck.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
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