Can a revokable trust created inone statebe amended in another?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a revokable trust created inone statebe amended in another?
I am the trustee on my uncle’s revocable trust. He created the trust when he was living in IL and now lives in CA. He wants to amend one section concerning the disbursement of his assets. He amended it once before in IL. Can I use that paperwork as a template for the new amendment? Can his trust be amended in CA although it was originated in IL?
Asked on December 21, 2011 under Estate Planning, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Good question. If your uncle's revocable trust was created under Illinois law but he is now residing in California, he can have the Illinois trust amended while a resident of California. However, the amendment must comply with California law regarding trusts.
I suggest that your uncle to be on the safe side consult with an experienced Wills and trust attorney in California to have the amendment drafted by him or her. I also suggest that the initial trust and the first amendment be reviewed at the same time by this attorney as well.
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.