Can a revokable trust created inone statebe amended in another?

UPDATED: Dec 21, 2011

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Can a revokable trust created inone statebe amended in another?

I am the trustee on my uncle’s revocable trust. He created the trust when he was living in IL and now lives in CA. He wants to amend one section concerning the disbursement of his assets. He amended it once before in IL. Can I use that paperwork as a template for the new amendment? Can his trust be amended in CA although it was originated in IL?

Asked on December 21, 2011 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. If your uncle's revocable trust was created under Illinois law but he is now residing in California, he can have the Illinois trust amended while a resident of California. However, the amendment must comply with California law regarding trusts.

I suggest that your uncle to be on the safe side consult with an experienced Wills and trust attorney in California to have the amendment drafted by him or her. I also suggest that the initial trust and the first amendment be reviewed at the same time by this attorney as well.

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