Does Texas recognize a 1981 California Living Trust>
Answer
It is very difficult to say without actually reading the trust and knowing what it holds. Living Trusts are essential in California to avoid Probate. California has a minimum fee schedule for legal fees depending of the asset value of a probate estate. Living Trusts cause assets to pass outside of probate. In Texas, probate is no big deal and not terribly expensive as it is in California. However, Texas has some laws regarding homestead real estate that might make it advantageous to amend a California Living Trust into a Texas Living Trust to incorporate those homestead provisions.
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