Family Law Questions? Ask a Family Lawyer Online.
My parents prepared a living trust in the 1980's. My dad died in 2003 and my mom is currently very ill. My mom moved from California to Texas in September last year to live with my sister. She still has real property and her bank accounts in California. My sister and I are concerned about which state's probate laws would prevail if her living trust would no longer be in effect.
Response 1: The probate laws of the state where her estate would be probated would control. Her estate could be probated either in California where her assets are or in Texas where she currently lives. So, it would depend on which state's probate laws would be more favorable to the estate, in my opinion.
Or should we prepare a new living trust to protect her estate from probate.
Response 2: You need to review the terms of the 1980 trust to see if the trust is still in full force and effect. If it is, then there is no need to prepare another trust if her assets are already included in the 1980's trust. If the trust is no longer in effect by its terms, then a new trust should be prepared. You can either hire an estate lawyer to prepare one for you or use of the software companies to prepare the trust yourself:
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