Is My Trust Valid in Other States?

I am often asked if I form a trust in Minnesota, is it valid and enforceable in other states? If I move out of state, do I need to pay an attorney to create a new trust in that state? If I’m not sure where I will retire and die, where should I create my trust?

These are great questions. The answer is simple. Your trust will be given full faith and enforcement in all states within the United States. This is because of the “full faith and credit clause” of the United States Constitution. Under the full faith and credit clause, all states must treat as valid and enforceable marriages, contracts, business entities, wills, and trusts.

Of course, states have different laws and regulations regarding long-term care assistance, Medicaid coverage of nursing home care, and all trusts, regardless of where they are formed. They cannot discriminate between trusts formed in their state versus other states, but states may decide how to treat trusts altogether.

In conclusion, you may form a trust in the state where you reside currently, without having to worry about whether it will be enforceable in other states. If you have questions about how all trusts are treated in a particular state, specifically with regard to Medicaid coverage for nursing home care, you should speak with an elder law attorney in the state where you expect to need nursing home care.