Can my wife and I use our Living Trust in AZ(where we live now)? We created it in CA six years ago.
Since we are both beneficiary on all assets noted above i'm not sure we even need a Living Trust as I can see insisting on Probate if one of us dies...
2 attorney answers
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If trust properly created and valid under California law it is valid in Arizona.
If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so. I appreciate your comments and feedback. I have more than 25 years of successful legal experience with cases like yours. My response is often general in nature because all facts are unknown to me. Specific answers require knowledge of all the relevant facts of your case.
If the trust was established properly under CA law, then it is effective here. Is the home you own under joint tenancy with right of survivorship? So the IRAs are POD to the spouses? As to the car, if other assets are either JTWROS or POD, the other spouse could use the small estate affidavit to avoid probate.
In short, it would make sense to schedule a consultation with an AZ estate planning attorney to review your assets, options, and goals. If your goal is to avoid probate entirely, that can be accomplished pretty easily.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.