Legal Question in Wills and Trusts in North Carolina

Is a Living Trust drawn up in Illinois legal in North Carolina? (Assuming that the details that needed an update were brought up to date)


Asked on 8/17/12, 12:47 pm

1 Answer from Attorneys

This is not the relevant question. If the trust was drawn up by a reasonably competent attorney, then its valid and it is good anywhere. The problem is that if the person who made the trust no longer lives in Illinois or owns property in Illinois, then the trust is going to need r evised. For example, the trust may provide that it is governed in accordance with Illinois law. If there are no assets in Illinois, maybe the settlor does not want this and wants to change to NC. If so, then you might want to consider amendeding the trust. If there have been other changes then maybe the Illinois trust needs revoked and replaced by a whole new NC trust.

What I would do is take a copy of the trust to a local NC attorney. Discuss your estate planning goals with the attorney and see what the attorney suggests. Be careful that whatever you decide to do that the NC attorney does not blindly create an NC trust without revoking the Illinois trust. This was done (thankfully not by me) for another client of mine and it has caused a huge expensive mess as now there are 2 trusts.

I do draft wills and trusts for NC clients. If you are interested, please contact me at [email protected]. I cannot quote a price for the work at this time as I don't the scope that will be involved until I see the trust and discuss this with you.

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Answered on 8/17/12, 8:01 pm


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