With the increased mobility we have in these days it is becoming increasingly common for people to relocate to another state. Multi-jurisdictional parties inevitably follow as problems arise. Trusts are commonly at issue with beneficiaries in multiple states. If you find yourself in a dispute with a trust that was create in another state, can you litigate in Minnesota? The short answer is: Yes.
The law applicable to a trust is the law where the trust was created and domiciled. That is the product of the state's laws themselves and usually by the terms of the trust. What that means ultimately is that a litigation in another state will apply the domicile state's laws. For example, if a trust was created in Wisconsin, but a litigation is properly commenced in Washington County, the Washington County judge will apply Wisconsin law to the Minnesota litigation.
Other issues need to be addressed, such as personal jurisdiction over the trustee or trust. But, at the forefront is the fact that litigation in Minnesota can happen even if the trust is not domiciled here. To address this and other issues related to commencing or fighting trust claims, send me a note and we can discuss your options.
