Can a new trust created in the new state of residence override an older trust created in the former state of residence?

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Can a new trust created in the new state of residence override an older trust created in the former state of residence?

Asked on August 10, 2012 under Estate Planning, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the trust is an irrevocable trust that is still controled by the settlor then it can always be changed or amended.  But it should be done in accordance with the law.  You should never just create new trusts with out revoking or amending old trusts.  Otherwise the competancy of the settlor could be questioned. ANd trust documents are good from state to state.  They do not have to be amended because one moves. Get legal help.  Good luck.

 


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