If we just moved to another state but had a recent Trust drawn up while living in our former state of residence, is it still good or do we need to have another drawn up?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we just moved to another state but had a recent Trust drawn up while living in our former state of residence, is it still good or do we need to have another drawn up?

We are 93 and 80.

Asked on March 2, 2015 under Estate Planning, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

One state will honor the trusts (and wills) of another state provided that:

1) the trust or will was valid in the state in which it was created--that is, it complied with all the rules, formalities (such as of signing, execution, witnessing, etc.); and

2) there is nothing inherently illegal or against public policy in it (e.g. no leaving the money directly to the dog [though you can leave it to a person or institution to care for a pet]; no using the money to support terrorist organizations).

But as long as the trust was created properly and is not doing anything inherently illegal or against public policy, it should be honored.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption