Legal Question in Wills and Trusts in Massachusetts

Domicile for living trust

I recently moved permanently from California to Massachusetts. I will soon be amending my living trust, which specifies that it is governed by the laws of California. Do I need to add to the amendment that it is now under Massachusetts law? Or can I leave it as California? Thank you.


Asked on 1/24/09, 7:35 pm

4 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Domicile for living trust

Welcome to Massachusetts.

It might be advisable to retain a Massachusetts Attorney to review your documents and revise those that require revision.

Good Luck!

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Answered on 1/25/09, 2:17 pm

Re: Domicile for living trust

I would indicate that the Trust is governed by Massachusetts law. Depending upon your situation, the age of the trust, you might want an attorney to review the Trust and/or your estate plan. MA law is a little different from CA and you might want to make sure your plan is as effective here as it was there. Also if your estate plan is more than 5 years old you might want it changed.

If you have additional questions, please feel free to contact me.

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Answered on 1/24/09, 7:43 pm
Denise Leydon Harvey Harvey Law Offices

Re: Domicile for living trust

I would recommend that you have a MA attorney review your trust and any other estate planning documents you have. Depending on their age, they may no longer accomplish what you had planned to accomplish.

Please let me know if I can help you.

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Answered on 1/26/09, 9:10 am
Robert Hundertmark Robert J. Hundertmark, Attorney At Law

Re: Domicile for living trust

You should review your whole estate plan - not just your living trust. health care proxy, durable power of attorney, etc.

MA has certain statutory forms and requirements for these documents, also, MA has an estate tax (CA does not) which kicks in at 1.0M - this can be addressed in a trust.

periodic reviews are always recommended - especially where there is a change in circumstance (domicile, marital status, kids, increase/decrease in net worth, etc). Often times, people have great (or not so great) living trusts, but haven't funded them properly.

So yes, you should review your overall estate plan, goals and objectives to make sure everything is in line with your wishes.

Good luck, and welcome to Massachusetts.

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Answered on 1/26/09, 9:44 am


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