Legal Question in Wills and Trusts in Arizona

When we resided in CA my wife and I formed a living framily trust. We have since moved to AZ and have perm residence there. My question is, is our trust as formed and recorded in CA still in effect now that we reside in AZ, or do we have to redo it to conform to AZ statute. The trust, as written in CA is good for 99 years unless rescinded. Thanks


Asked on 1/09/10, 11:59 am

2 Answers from Attorneys

Gloria Meyer Meyer Law Office

If your trust was valid in California when you executed it, then it is valid in Arizona. However, it is a good idea to have a consultation with an attorney to determine if there should be any changes for other reasons. For example: Have you properly transferred your Arizona property into the trust? Have you changed your mind about the distribution provisions? Have any of your beneficiaries died or become ill? Have you named alternate beneficiaries? Do changes in the tax laws affect your trust provisions? Do you have valid Arizona powers of attorney for health and financial matters if you are unable to manage your affairs? Would you benefit from naming a trust protector? Is your choice of successor trustee still the person you would want? Did you name an alternate for the successor trustee? etc.

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Answered on 1/14/10, 2:01 pm
Donald Scher Donald T. Scher & Associates, P.C.

The previous answer by attorney Gloria Meyer is quite correct and complete. You would be well advised to have a capable attorney review your trust agreement and other estate planning documents to make sure that they are correct and satisfy your needs and goals.

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Answered on 1/14/10, 2:55 pm


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