Are Trusts valid in a state different from where it was executed?

My mother had a trust set up while living in NY; she has since moved to NC. Is the Trust still valid?

Asked on September 18, 2017 under Estate Planning, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A Trust (and Will) is valid in a new state of residence so long as it was executed ac­­­­­­­­­cording to the laws of the state in which it was executed. However, even if an out-of-state Trust is still valid, it is impor­tant to have it reviewed. There may have been changes in the law and/or life circumstances that might make updating necessary. At this point, consulting directly with a local lawyer as to this is the best way to protect your rights and ensure a smooth administration of your estate.


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