First off, there will be no problem between myself (POA) and my two brothers. We are on the same page when it come's to dad. My question is will the State step in and change things since Dad's trust was written in Ohio and he's now living with my brother in Texas, though, on paper, he still owns a home in Ohio (It's being sold land contract...which is pretty much like Rent to Own). We'd like to have to avoid paying another Lawyer...dad hates lawyers and it's a real chore to get him to one.
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Beyond that, here are some considerations, which might in fact require some legal advice.
1. I write honestly that I do NOT know if your father's trust might have provisions that are not statutorily legitimate in another state. Generally, though, most contracts (and possibly trusts) would have provisions that if one provision is declared invalid or rendered statutorily not enforceable, that does not affect the remaining provisions.
The question would be which, if any, provisions might not be compliant with Texas law.
2. i don't know the requirements for Texas residency, and if staying with your brother constitutes a change of residence. That might actually be the issue on which point no. 1 turns.
3. He still will be owner of record for the Ohio home, until the land contract is paid off. I'm not sure if that would be a concern or not. But he, or someone in the family acting on his behalf, would be responsible for the taxes, etc., (unless otherwise provided in the L/C.) I'm just mentioning that b/c sometimes out of state, land contract sold properties can become problematic, especially if the buyer defaults.
4. I guess my basic question is what are your specific concerns about state intervention?
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