Boise, ID asked in Estate Planning for California

Q: Revocable Trust created in Florida, now is irrevocable trust, both beneficiary, trustee live in CA. Jurisdiction?

Revocable trust was created in Florida but has now become a irrevocable trust. Both the trustee with financial power of attorney and the beneficiary reside in California.What state has jurisdiction? The trustee has not contacted the beneficiary and has not responded to any emails, calls requesting information about the trust.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Most likely California, where decedent died.

Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Oakland, CA
  • Licensed in California

A: I would review the trust document in detail. Oftentimes, jurisdiction is may be dictated in the trust document. However, as a practical matter, since both the trustee and the beneficiary live in California, no one should object to California having jurisdiction.

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