Is a revocable living Trust signed in 1 state, valid in another?

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Is a revocable living Trust signed in 1 state, valid in another?

Asked on April 2, 2018 under Estate Planning, Colorado

Answers:

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

Answered 6 years ago | Contributor

A Trust or Will does not necessarily have to be re-done if you move from one state to another.  Each jurisdiction will honor that which was properly executed in the prior state.  Further, should the laws conflict on a particular provision, then that provison may be in jeopardy of being striken, however the rest of the document can be upheld. If the document was done more than just a few years ago, regardless of the move, it may time to have it reviewed to see if your wishes and the assets remain the same.

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

Answered 6 years ago | Contributor

A Trust or Will does not necessarily have to be re-done if you move from one state to another.  Each jurisdiction will honor that which was properly executed in the prior state.  Further, should the laws conflict on a particular provision, then that provison may be in jeopardy of being striken, however the rest of the document can be upheld. If the document was done more than just a few years ago, regardless of the move, it may time to have it reviewed to see if your wishes and the assets remain the same.  


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.

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