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Attorney2020
Attorney2020, Attorney
Category: Estate Law
Satisfied Customers: 2578
Experience:  Estate planning and wealth preservation attorney.
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What state are you required to create a trust in? Kind of a

Customer Question

What state are you required to create a trust in? Kind of a strange question but I've just found out that I am s beneficiary of a trust that my grandfather left. I've already had some major problems with the trustee, let's just say major enough to go to
court over. My grandfather was a very successful businessman and although he lived in Kansas City, Missouri most of the time, he always enjoyed the tax benefits of living in Dallas, Texas on paper... This trust is a Missouri trust but it contains a really
harsh no contest provision that says if I sue for any reason regardless of good or bad faith then I'm out... I know Missouri enforces no contest provisions so I'm kind of at a loss here, any insight about listing Texas as his primary residence at the time
the Missouri trust was created? He did have s house in Missouri, actually he had 7 across the country... I know he would be terribly upset by the way these trustees have been handling everything.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Attorney2020 replied 1 year ago.

Does the trust cite governing law in which the trust would be required to follow? If so that state's law governs. If not, it would be based upon the testator's intention and presumably the residence where the trust was created would be applicable.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Customer: replied 1 year ago.
I can't say that it refers to any particular governing law, the no contest provision is pretty general but it does say that I would loose it if I sue for any reason reason regardless of good or ad faith. That's my problem, Midsouri is strict when it comes toe forcing these provisions but Texas is s little more lenient. The trust says its Missouri but that's where his primary address was listed with aiRS at the time. His address was Dalkas Texas. I'm simply hoping that I can somehow get around Missiuri courts enforcing that one provision...
Customer: replied 1 year ago.
Sorry about the typos
Expert:  Attorney2020 replied 1 year ago.

Missouri law governs and you are stuck with the strict interpretation of the no contest clause.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Customer: replied 1 year ago.
Thanks
Expert:  Attorney2020 replied 1 year ago.

My pleasure.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

PLEASE RATE MY ANSWER.

Customer: replied 1 year ago.
Can you pro a little more info about why Missouri is so strict? If someone has good reason to sue the trustees then what recourse do we have?
Expert:  Attorney2020 replied 1 year ago.

The public policy behind contract law which Missouri finds important and the state does not want to interfere with the contract terms inserted in a person's trust.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

PLEASE RATE MY ANSWER.

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