Portland, OR asked in Estate Planning for California

Q: If we had a revocable trust in California and then moved to Tualatin, Oregon to we have to make a new one ??

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1 Lawyer Answer
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: There is no law that compels you to make a new trust when you move to another state. However, it is highly advisable to have your entire estate plan (will, trust, powers of attorney, advance directives, etc.) reviewed by an experienced estate planning attorney in the new state. This is because state laws that affect estate planning do vary. While most of your documents may be "legal" in the new state, they might not be optimal.

As just one example, California does not have an estate tax but Oregon does. If your estate is over the Oregon estate tax threshold then it might behoove you to revise your trust or use other techniques to save on state estate taxes.

As another example, California's and Oregon's statutory advance directive forms are very different. Oregon's form is mandatory. You WILL need to replace your advance directive (also known as a living will).

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