Legal Question in Wills and Trusts in California

Living trusts,probate

I have a living trust prepared in and governed by New Hampshire laws. Is it recognized as valid by the state of California for avoiding probate in the state of California?


Asked on 11/14/07, 8:16 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Living trusts,probate

Signing or executing trusts don't avoid probate anywhere. Only transfering assets to a trustee subject to a trust agreement avoids probate, and that works everywhere in the US, Canada, and the UK. A trust agreement is a contract, and a contract valid in New Hampshire is valid and enforceable in California, as it is in Nevada, New York or any State in the US because of the full faith and credit clause of the Constitution.

Your question reveals that you don't know what a trust is and how and why it works to avoid probate and conservatorship. I suggest you read my book on the subject.

It is coming out on the 15th of this month, "Create Your Legacy & Save the American Middle Class, How You Can Protect Your Loved Ones in the Event of Death or Disability (Without Paying a Legal Fees}"

You will be able to order the book on-line at Amazon.com, but, it is better to order at www.IWant2CreateMyLegacy.com. If you order there, you will get a free special report entitled "The Seven (7) Most Common Mistakes Made by the Middle Class in Planning For the Inevitability of Death and the Likelihood of Disability, and How to Avoid Them." This report alone could save you and your family hundreds of times the cost of the book.

The book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English (no Legalese) that will be valid in every State in the US.

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Answered on 11/14/07, 8:46 pm


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