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Can a utah attorney do a trust in wyoming? Is it valid? We…

Can a utah attorney...

Can a utah attorney do a trust in wyoming? Is it valid?

Lawyer's Assistant: What documents or supporting evidence do you have?

We had a trust done by a utah attorney but we live in wyoming. She know says we should have it checked by a Wyoming attorney

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Answered in 13 minutes by:
10/6/2017
Bill Attorney
Category: Legal
Satisfied Customers: 2,806
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your legal question today.

I'm attorney Bill assisting you today with your concerns in relation to the trust.

So long as the trust deed was executed and assets transferred to the trust , the trust is likely to be valid.

These are the formalities in Wyoming:

"

(a) A trust may be created by:

(i) Transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;

(ii) Declaration by the owner of property that the owner holds identifiable property as trustee;

(iii) Exercise of a power of appointment in favor of a trustee;

(iv) The court as provided in W.S. 3-3-607(a)(vi); or

(v) An agent under a power of attorney where the express authority is designated with the appointment document and where the trust directs distribution upon the settlor's death consistent with an existing will or other testamentary instrument or in absence thereof in accordance with the law of intestate succession as provided in W.S. 2-4-101."

There are professional responsibility rules in place to protect people and clients like you so that an attorney only practices law in areas and States that he is registered in; there are also some limited exceptions that allow an attorney to work in another State even when not admitted to that State bar.

The ABA provides for the following about representing you a client in another jurisdiction:

"

[12] Paragraph (c)(3) permits a lawyer admitted to practice law in another jurisdiction to perform services on a temporary basis in this jurisdiction if those services are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice. The lawyer, however, must obtain admission pro hac vice in the case of a court-annexed arbitration or mediation or otherwise if court rules or law so require.

[13] Paragraph (c)(4) permits a lawyer admitted in another jurisdiction to provide certain legal services on a temporary basis in this jurisdiction that arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted but are not within paragraphs (c)(2) or (c)(3). These services include both legal services and services that nonlawyers may perform but that are considered the practice of law when performed by lawyers."

So the provision may come within the scopes and bounds of these rules as a limited exception.

The formalities of trust creation were listed above for your reference.

We are here to help so please follow up with me if you have any further concerns.

In return remember to rate positively today.

I'm an independent legal expert and rely on your positive feedback to get a credit.

You do this by rating 5***** , 4**** or better.

SO I hope you rate FIVE STARS today before your exit.

Thank You

Attorney Bill

Bill Attorney
Category: Legal
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