Wills & Trusts

[Anonymous]

I currently live in VA and have estate planning docs set up (Will, Revocable trust, etc.). If I move to another state (CA), will I have to redo those again? The move will likely be permanent and I will be buying real estate there and title it in the name of my Trust (the one set up in VA).

[Anonymous]

California law sometimes is similar to other states, but other times is quite different. For this, really best to ask your attorney.

[Anonymous]

So for starters, you will still have a legally-enforceable document if you move.

That being said, CA is one of the chief offenders of having weird property laws that may cause some very unintended consequences if your documents are not updated to plan around.

I always advise my clients that if they move, it’s a consultation fee well spent for a local E&T attorney in their new state to give a once-over to their documents. And if that new attorney is like me, they won’t urge costly updates unless there is a real need.

[Anonymous]

Yes, you do. It should be easy though. Just set up our and asked our attorney about it because we plan on moving to another state.

[Anonymous]

Because you are moving to California, I would highly recommend that you consult with an attorney there. California is one of the few states where it is important that you set up a trust that meets their requirements. You do not want to end up in California probate court. They’re underfunded and overwhelmed, while simultaneously ridiculously expensive. California law allows attorneys handling probate to charge a % of the estate, which is a ridiculous amount for an estate of any size.