Are Trusts valid in a state different from where it was executed?

UPDATED: Oct 1, 2022

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Are Trusts valid in a state different from where it was executed?

My mother had a trust set up while living in NY; she has since moved to NC. Is the Trust still valid?

Asked on September 18, 2017 under Estate Planning, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A Trust (and Will) is valid in a new state of residence so long as it was executed ac­­­­­­­­­cording to the laws of the state in which it was executed. However, even if an out-of-state Trust is still valid, it is impor­tant to have it reviewed. There may have been changes in the law and/or life circumstances that might make updating necessary. At this point, consulting directly with a local lawyer as to this is the best way to protect your rights and ensure a smooth administration of your estate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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