Do I need to also have a will and living trust in CA where I now live in even though all my property is in SC?
San Diego, CA |
I have property in SC solely in my name. I already have a living trust and a will in that state stating that the property will go to my wife after my death and then to my children after my wife's death.
No - where you reside does not require that your will be changed so long as it was validly witnessed and executed in the jurisdiction where it was first signed.
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Your Will and Trust should remain valid in SC and in CA. Other than regular updates, you do not need to make any changes. However, if it has been several years since an attorney last looked at your documents, it may be time for a review.
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I agree with my colleagues. I would add, however, that if you keep your property titled the way it is, probate will be necessary upon your death, and that would defeat one of the major benefits of having a trust. ALL assets should be titled in the name of the trust, if you want to avoid probate and have its terms apply. This should be done by an attorney to make sure it is done right.
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I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration.
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