Common Questions - Updating an Out-of-State Trust

Question (Part 1): If I move to South Carolina with an out-of-state trust, do I need to redo my entire trust?

Answer: Your out-of-state trust will still be valid if you have relocated here from another state, particularly if there are assets titled into the name of the trust. However, it can be prudent to have your trust reviewed by a South Carolina attorney. It is also likely that you will need a new certificate of trust to be drafted in South Carolina to allow you to retitle additional assets into the trust.

It is also possible that any out-of-state statute references could cause delays and/or misinterpretations during any subsequent administration that occurs in the state of South Carolina.

Question (Part 2): If I move after getting a South Carolina trust, do I need to redo my entire trust in the different state?

Answer: As with the above scenario; a trust will not be invalid if you move out of state. However, it is good to have your trust reviewed after moving to look at state specific property laws, homestead rules, power of attorney documents, and certificate of trust if a home is purchased in said new state.