Legal Question in Wills and Trusts in Nevada

i have a california living trust & have moved to nevada. is it still good?


Asked on 11/09/09, 4:47 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

At the risk of sounding "lawyerly," the answer is "probably." While the Trust is likely to be legally enforceable, you might be missing out on some advantages in the Nevada law, or you may need to adjust the level of assets left out of the Trust to avoid probate with Nevada's lower dollar threshold ($20k) before probate is mandated. It also depends on whether the bulk of your assets are located in California or Nevada. If you passed away leaving real property, for example, in California, and a dispute arose, your family would be required to open a probate in the county in Nevada where you live, and an ancillary probate in the California county where the property is. Other assets may have other requirements that might be avoided by being a Nevadan with a Nevada Living Trust.

I would suggest that you, at least, have a Nevada attorney - well experienced with Trusts in both states - review your documents to ensure they comport with Nevada law and will be fully enforceable here.

Welcome to the Silver State!

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Answered on 11/14/09, 5:41 pm


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