The average American will move 11.7 times in their life according to U.S. Census data. Sometimes that move can stretch to a new state. We recently received a question from a new resident of Missouri who was curious to know if a revocable living trust established in another state would be recognized under Missouri’s state laws.
Here’s the full question: “If you had a living trust done in California, where we were living at the time, and you are now a Missouri resident full-time, is the living trust that was done out there legal in Missouri?”
While The Missouri Bar does not offer legal advice, we asked Michael Magliari, chairperson of the bar’s Estate Planning and Probate Administration Law Committee to share what he believes those with an out-of-state revocable living trust should consider.
Magliari notes that Missouri should give full faith and credit to a trust established under another state’s law, but warns there are many unique aspects of Missouri law that should be addressed in the trust.
“It would be wise to amend the trust to comport with Missouri law,” Magliari said. “Changing the situs and interpretation of the document to Missouri law would bring the laws of the settlor’s new residence and the trust into conformity.”
Magliari added that most Missouri attorneys and courts would not be familiar with other state’s laws and amending the trust would simplify further planning. Magliari also reminds us that all collateral documents, such as pour-over wills, powers of attorney and health care directives also should be amended or restated under Missouri law.
If you’ve recently moved to Missouri and need to make sure your important legal documents, such as a revocable living trust, are still in order, you can find the an attorney through our free, online Lawyer Search feature or through our Lawyer Referral Service. In addition, The Missouri Bar provides a free Durable Power of Attorney for Health Care that lets you establish advance directives regarding future health care decisions and help relieve families from having to make difficult decisions at a time of great stress. You also can learn more about probate law, including wills, revocable living trusts and advance directives in our Probate Law Resource Guide available online. To order copies of this brochure or to have a Durable Power of Attorney for Health Care mailed to you, click here.
Michael E. Magliari, founded Michael E. Magliari, P.C. in 1995 and is a frequent lecturer and estate planning counsel for numerous charitable organizations, insurance companies, investment firms and trust companies throughout St. Louis and the surrounding areas. He serves as the 2014-15 chairperson of The Missouri Bar’s Probate Division as well as chairperson of the Estate Planning and Probate Administration Law Committee and is the author of “Estate Planning: The Fundamental Concepts Under Missouri Law.”
This information is intended as general information about the law and legal system. It is not to be considered as legal advice for your specific situation.
