Moving to a New State? Don’t Forget Your Family Trust

7 Steps to Move Your Family Trust to Your Current State of Residence

When you're making a big move to a new state, it's easy to focus on the logistics—packing, housing, jobs—but updating your Family Trust should be on your checklist. It is crucial to ensure it remains legally valid and accurately reflects your current wishes. Here are the key steps and considerations:

1. Determine Trust Type

• Revocable Trusts (living trusts) are flexible and can be amended or restated by the grantor at any time while mentally competent.
• Irrevocable Trusts are more rigid and typically require beneficiary consent or court approval for changes.

2. Choose the Right Method to Update

• Trust Amendment: Ideal for minor changes like updating a trustee or adding a beneficiary. It modifies specific clauses while keeping the rest of the trust intact.
• Trust Restatement: Used for major or multiple changes. It rewrites the entire trust document but retains the original trust’s legal identity and effective date.

3. Prepare for the Update

• Gather the original trust document.
• List all desired changes (e.g., new beneficiaries, asset updates, trustee changes).
• Collect legal names, addresses, and asset descriptions for any additions.

4. Execute the Changes Properly

• Draft the amendment or restatement with precise legal language.
• Sign the document in the presence of a notary (recommended even if not required).
• Avoid handwritten edits to the original trust, as they may invalidate provisions.

5. Post-Update Actions

• Attach the amendment or restatement to the original trust.
• Inform trustees and beneficiaries of the changes.
• Update asset titles (e.g., real estate deeds) to reflect new ownership under the trust.

6. Why Restate Instead of Amend?

• Restatements are clearer when many changes are needed.
• They consolidate all updates into one document, reducing confusion and risk of conflicting provisions.

7. Consult a Local Estate Attorney

Laws vary by state—especially regarding community property, trustee qualifications, and tax implications. A local attorney ensures your trust complies with your new state's laws and remains enforceable.

Attorney R. Todd Frahm, a partner at Tyler Law, LLP, provides legal services across California, Arkansas, Arizona, and Oregon. He specializes in:

• Estate Planning
• Asset Protection
• Business Law
• Real Estate Law

Todd Frahm brings a unique blend of transactional and litigation experience, having served as real estate counsel to Riverside County and operated his boutique law firm. His approach emphasizes preventing costly litigation through the use of well-crafted legal documents.

He is admitted to practice in:

• California State and Federal Courts
• U.S. District Courts for the Central and Southern Districts of California
• State Courts of Oregon, Arizona, and Arkansas

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