Legal Question in Wills and Trusts in Illinois

One Living Trust per State?

My mother owns a single family home in California and a 3-flat apartment in Chicago, Il. Does she have to make a seperate living trust for each state? Will the state of Il. recognize a trust from Caifornia.

-Would an out of state trust hamper funding a trust from a different state?

Thanks...


Asked on 6/21/04, 11:42 pm

1 Answer from Attorneys

Re: One Living Trust per State?

The state of Illinois will recognize a properly drafted trust that is based on any other state's laws. Accordingly, if there is a dispute over the terms of such trust, it will be determined under the laws of the other state.

Your mother should not need separate trusts to cover property in different states. However, since she lives in California (a community property state), there may be reasons for her to want to keep property in other states separate for marital and tax purposes.

The California may appoint a special trustee in Illinois to manage the property here.

I would advise you and your mother to seek the advice of an attorney who is familiar in trust law and can review the specific circumstances of your situation. My answer is based only on the little information you have provided in your question, and there may well be other issues to consider.

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Answered on 6/22/04, 7:50 am


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