Legal Question in Wills and Trusts in Arizona

Living Trust

We set up a living trust when we lived in California several years ago. We have since moved to Arizona. Do we need to do a completely new trust?


Asked on 11/24/08, 12:35 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: Living Trust

You may want to do so, but you do not have to do so just because you moved to Arizona. I something happens to one or both of you, an Arizona court would apply California law if that is the "situs" of the trust.

There is good reason to review the provisions of the trust and consider various alternatives which may improve the trust operation. There are a number of factors which would cause your desire to amend the trust. For example, in Arizona there is no State Inheritance Tax, but there is such a tax in California. A trust should always be updated and amended if need be, to reflect your current circumstances and future goals to protect you and your spouse during your lifetimes.

I would also like to know if you have up to date Durable Powers of Attorney, a instrument that is the most important document to your health and well-being.

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Answered on 11/24/08, 10:59 pm


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