Legal Question in Wills and Trusts in California

Trust Residency

Can a Trust document be filed with a County Clerk or Court Clerk to put the world on notice of a trust and its assets? or is there any way to establish a trust's ''residency?


Asked on 5/27/04, 4:51 pm

1 Answer from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Trust Residency

The only time a testamentary document would be filed in California would be after someone dies and you'll file or large the will with the clerk of the Superior Court of the county in which the person passed away. That being their principal place of residence. You don't do that prior to anyone passing away. What you can do which is very unusual is to record a trust document which note arises the trustor signature. That doesn't mean though that the document that is recorded is in actuality the testamentary document that the person may pass away with. There could be changes, amendments, Cotta souls to wilts and none of these ever recorded. More importantly, one of the main virtues to a trust is that it is private. Therefore, why would you record something. More importantly your question is very interesting in terms of establishing a residence. Basically, most everyone has one home whether it is in the 333 area code or in California. Purchase and live in a residence. The principal place of residence is the principal place of residence. He would spend more time in one place and then another. It's called commonsense.

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Answered on 5/28/04, 11:54 am


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