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 ??

Related Topics:
1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • 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).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.