Legal Question in Wills and Trusts in Oregon
I have recently moved from California to Oregon. Do I have to redo my trust and power of attorney? I have sold my house in California and have purchased a new home in Oregon, can the Oregon property be added to my California trust?
1 Answer from Attorneys
A trust created in California can be used in Oregon. However, there are different laws in Oregon than California, especially regarding community property and rights to property of both spouses. Oregon is a common law property state as opposed to a community property state (California). As such, you need to be very careful how title is taken in the property and make sure that whatever trust you use, the property is funded in the trust in order to make it an asset that will be administered by the trust.
I practice in both California and Oregon and would be happy to talk with you regarding your estate. There are some very distinct differences between the two. As well, depending on how long ago you created the trust, you will likely want to have it reviewed along with any other documents (powers of attorney, advance healthcare directives, etc) to determine whether or not those documents need to be amended as well. Feel free to contact me at my office (916)436-5204 or email us at [email protected]. Good luck to you.
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