This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Choosing your situs of trust doesn't have to be in your state of residence. States with favorable trust situs laws include Nevada, South Dakota and Delaware. Your legal, tax and financial advisors can evaluate various trust situs options and help you choose one that is appropriate for your circumstances.
Only three states "require" trust registration, but even in those states, there are no legal consequences or penalties if you don't.
A trust is typically administered in the state where the Trustor last resides. Under the circumstances where someone has created a trust in one state and subsequently moved to another, the court will typically look to the laws of the former state with respect to the validity and interpretation of the trust document.
Code Ann., Estates & Trusts §14.5-710(b) and must file (register) with the Commissioner of Financial Regulation prior to exercising trust or fiduciary powers in the State of Maryland.
If you have a revocable living trust, it should still be valid in your new state, or in any state for that matter. The main consideration with your trust when you move is to make sure it is funded with all of the assets you want to pass directly to a beneficiary.
As mentioned above, the terms of your will, the inventory of your assets, and all estate accountings become public documents as part of the probate process. With revocable trusts, neither the trust agreement nor the assets passing under the trust are normally made a part of the public record.
In Maryland, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on.
Generally speaking, Yes. If your Last Will & Testament and/or Living Trust is valid and legally enforceable in one state, it most likely will be valid and enforceable in all states. However, there are certain things to review when you relocate to a new state, and your estate plan should be one of them.