Living Trust Documents - Certificate of Trust - What is Needed - Part 3

Free Living Will - Living Trust Documents - Certificate of Trust - What is Needed - Part 3

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Once you originate your Living Trust Documents, you are not done. There are some supporting documents that must be drafted and signed along with the agreement. Each one of these documents plays an foremost role depending on the facts and circumstances of the Grantor and his or her life. In part one and two of this series, we discussed the Pour Over Will, the announcement of Trust asset and Power of Attorney. This description discusses the Certificate of Trust.

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One of the main purposes of the business agreement is to keep the terms of your asset and its disposition private. If you are required to give the Living Trust Documents to everyone who asks when re-titling assets, this purpose is defeated. The Certificate should be used in place of the business agreement itself whenever proof of its terms is needed. It should be signed under oath in front of a notary group and consist of the following provisions:
Legal name. The legal name lists the names of all Trustees, the trust name and the date it was signed. For example: John Smith and Jane Smith, trustees of the John and Jane Smith Revocable Living Trust dated January 2, 2008. Date the business agreement was created; The name of the Grantor; The name and address of the current trustees; A statement as to whether the trustees are authorized by the document to sell, convey, pledge mortgage, lease, or replacement title to any interest in real or personal asset and if so are there any limitations; whether the business agreement has terminated; and A Certification statement such as This certificate of trust is made upon the representations of the trustees and the statements contained in this document are true and strict and that there are no other provisions in the instrument or amendments to it that limit the powers of the trustees to sell, convey, pledge, mortgage, lease, or replacement title to interests in real or personal property. The trustees do not have to act in concert and may act independently of one another.

The Certificate should be signed by all trustees, not the Grantor, and notarized.

If you are drafting your own Living Trust Documents, remember to not only consist of the business agreement but also the further documents as well.

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