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

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.

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Attorney answers 5

Posted

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 given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

Posted

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 only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mrs. Cook is licensed to practice law throughout the state of California with offices in San Diego County. She is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Charles Adam Shultz

Charles Adam Shultz

Posted

And dont take medical advise from lawyers, no matter how insistent we may be that we are right.

Posted

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. ***************************************** LEGAL DISCLAIMER 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. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Posted

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 Indiana and Illinois. Circular 230 Disclosure: any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.

Posted

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 email at: ECSEsquire@AOL.com. All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.

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