Legal Question in Wills and Trusts in California

Living Trust

If I create a living trust in California and move to another state (Hawaii), is the trust still valid or does moving require filing a new trust?


Asked on 6/02/03, 4:48 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Living Trust

Thank you for your inquiry.

The answer depends on the laws in Hawaii. Because I'm only licensed by the State Bar of California, I can't tell you exactly how a trust drafted here would be interpreted.

I can recommend that, if you have a trust drafted here, that you visit an attorney in your new state every time you move, just to review the trust or will, and make sure that it meets the requirements of that particular state. I think you may find that most items are not a problem, but some states may have witness or other requirements that you want to double-check once you move. The last thing you want is to find out something (or have your heirs find out) when it is too late to change anything.

I hope this helps, but if you have other questions, feel free to email me at [email protected].

Read more
Answered on 6/02/03, 6:41 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California