Is my irrevocable trust still valid if I move to another state?

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1186075

2026-05-15 10:36

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Your trust is assumed to be valid in the state where the trust document was drafted but it may not be valid in another state. Before you transfer any property in your new state to the trust you should have the trust reviewed by an attorney who specializes in estate planning and trust law in the state where you plan to move. For example, I have seen numerous trust documents in Massachusetts that were intended to hold title to real estate and that failed under Massachusetts law. Specifically, they each named the trustor, trustee and beneficiary to be the same person. In Massachusetts, no trust would be created in that situation thus the trust would fail. Title to the property remains in the grantor. Due to the number of these trusts I have seen, most showing out of state notaries, I assume them to be valid in some jurisdictions. In legal matters you should always seek the advice of an attorney who specializes in the particular area of law that governs your issue.

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