Legal Question in Wills and Trusts in Utah
We created a family trust while living in Texas. We now have permanent residence in Utah. Is our Texas trust still valid in Utah? We want to amend the power of attorney, but it now reads "under Texas probate code 490." Can we rewrite it and change the references from "Texas" to "Utah?" But, of course, leave out the code number.
Asked on 4/25/11, 12:16 pm
1 Answer from Attorneys
Randy Lish
Randy M. Lish, Attorney at Law
The trust should in Utah as well as in Texas--that's one of the advantages of the trust over the will. However, it certainly would not hurt to have the trust reviewed to see that it still does what you want it to do. The POA needs to be redone if it refers to a specific state statute, just so there is not questions down the road. If you have further questions, please call me.
Answered on 4/25/11, 12:22 pm
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