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My Mother Is Moving to California and Wants to Put Her New Jersey House in a Trust. Does She Need a New Jersey Attorney?

  • August 27th, 2020
Q
My mother has a home in New Jersey, but she is moving to California to live with family. Can she create a trust in California that includes her house in New Jersey or does she have to use an attorney in New Jersey?
A

She actually may need to involve lawyers in both states. She will need an attorney in New Jersey to make sure the real estate transfer is appropriate and there are no tax issues or other traps for the unwary. She will also need an attorney in California to make sure the trust satisfies California law, especially if she is hoping to protect the house in case she needs MediCal someday. Start with a California attorney and then enlist a New Jersey one to review the trust and transfer the property into it.

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Last Modified: 08/27/2020

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