I have a 'loving trust' done in Texas. Would this be valid in Massachusetts ?
State/Country relating to question: Massachusetts
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If it is valid in Texas it should be valid in Massachusetts. A trust in one state will generally be valid in any other state of the US.
All that is required for a valid trust to exist is that there is an agreement that certain property be held by a trustee in trust for named beneficiaries. Generally there is a written agreement concerning the trust, which is the case with yours.
Any property that you will own in Massachusetts needs to be transferred into the name of your trust (such as real property, any bank accounts, etc.) just as your Texas property has been transferred to your trust.
Although the trust will be valid, it is a good idea to have an estate attorney from the new state (Mass. in your case) review the trust to determine whether any additional terms need to be added to the trust to comply with some unique Mass. law that might not be applicable in Mass.
One thing that attorney can also counsel you on is whether changes in the trust need to be made to accommodate the differences in marital property law. Texas is a community property state. Mass. is not.
Thus, there may need to be some changes to the trust, although the bulk of the trust (and the trust itself) will be valid in Mass.
As noted above, if you need clarification, please do let me know.
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Wills, Trusts, Probate & other Estate Matters
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