We are buying a mobile home in Arizona. Should we have it put into our revocable trust? We live in California and our trust atty here isn't familiar with Arizona law on this question.
I am not licensed in either Calironia or Arizona, but why would you not put this into your trust? It doesn't matter that the home is in Arizona. Why can't it be in the trust? If it is not in the trust when one of you dies, then it will be a probate asset. One of the purposes of revocable trusts is to avoid probate.
Without knowing more facts, my gut reaction is that this should be in your trust. But it is not fair to either your California attorney or any attorney here to second guess your trust attorney. He or she has see all papers and knows your circumstances. I don't.
I don't know why your California trust attorney cannot answer this simple question. The home's location in Arizona should not have any bearing on this nor would Arizona law apply to the question of whether an asset should or should not be in your California trust. Both are community property states, so that would not be a reason. I think you need to ask your attorney more specific questions about this and if the attorney cannot answer then you may need to cnosider getting a new attorney.
As an Arizona Estate Planning Attorney, and based on the information you've provided, I don't see any reason to not roll this asset into your trust like any other. Generally speaking all that is required is proper recording of a deed transferring your interest to the trust, filed in the appropriate county (where the property is), along with the required $10 (plus $1 for each beneficiary of the trust) fee. If you or your CA attorney need help, pretty much any estate attorney in AZ in any county could handle this on your behalf. Best of luck to you!
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