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California law requires the following three elements to be present to create a valid trust: The Settlor must properly manifest an intention to create a trust. There is trust property. There is a beneficiary (unless it is a charitable trust).
Here is a partial list of reasons to invalidate a Trust. Substance abuse which calls into question their capacity to create a legal binding document. Needs two witnesses who were present at the signing. There are times when a Trustor was married and later divorced and has a Trust.
A Certificate of Trust may need to be recorded in the county that any real property is in. That said, if there's no real property owned by the Trust, there may not be any need to record it.
To make your trust valid in California, you simply need to sign the trust document ? that's it! You don't need to have your document witnessed or notarized to make it valid. However, many people choose to sign their document in the presence of a notary public to help authenticate the document.
Creating a living trust in California is not terribly difficult, but it takes some planning. You might find it helpful to work with a financial advisor or another professional when drafting up your living trust. However, you can also download the forms online and then take them to a notary public yourself.