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What Happens in California When The Deceased Has an Out of State Trust?

What happens when the a person who dies in California executed their trust in another state?  What if they were a foreign national, and the will or trust was established in another country?  What happens if you establish your trust in the midwest, and then move to California to retire?

These can be complicated cases, and require the skills of an experienced California trust attorney with experience in international tax and legal cases.  California generally recognizes a will or trust from another state, or one that was legally executed in a foreign sovereignty.  The document(s) must be legally in force, and if they are in a foreign language they must be translated and certified before submission to a California Probate Court.

A foreign trust, will or out-of-state trust will have issues with specific forms of assets such as real estate that is located in another US state, or a foreign nation.  There are also complex issues with foreign executors and trustees.  For example, a non-US citizen cannot generally serve as an executor in a California Probate Court.  Each sovereign nation has their own laws, and our skilled attorneys will guide you through the process and the associated jurisdictions.

The best course is to update your trust (or will) if it was executed in another state or in a foreign nation.  The main goal of any trust is to avoid California Probate Court altogether whenever possible.  We invite you to contact us for a free initial consultation at 866-631-3470.

Tags: California, California Probate Court, Out of state trust, foreign nation