In most states a certificate or memorandum of a trust agreement which conveys or entrusts an interest in real property may be recorded with the land records clerk of the appropriate county in lieu of the entire trust agreement. The certificate must be executed by the trustee and it must contain the following: (a) the name of the trust; (b) the street and mailing address of the office, and the name and street and mailing address of the trustee; (c) the name and street and mailing address of the trustor or grantor; (d) a legally sufficient description of all interests in real property owned by or conveyed to the trust; (e) the anticipated date of termination of the trust; and (f) the general powers granted to the trustee.
Indiana Certificate or Memorandum of Trust Agreement
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How to fill out Certificate Or Memorandum Of Trust Agreement?
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FAQ
At your death, the successor trustee distributes the assets to the beneficiaries named in the trust without Court intervention or the probate process, just as if all of your assets were in a single pay on death account.
The trust agreement is the parent document that details anything and everything regarding the trust, including its agreements. Meanwhile, the certificate of trust is used in tandem to keep nonessential information confidential.
Creating a living trust in Indiana is simple. There is no specific form required and your trust document must simply be clear in its terms. You sign the document in front of a notary and then fund the trust by placing ownership of assets in its name.
There are three ways to get a certificate of trust made: With a lawyer. An estate planning attorney can draft a certificate of trust for you to accompany your trust. With estate planning software. ... With a state-specific form from a financial institution or notary public.
Codified at Indiana Code 30-4-4-5, a certification of trust is a document presented by a trustee as evidence of the trustee's authority to act on behalf of a trust. Lending institutions or other third parties might request a certification of trust before they enter into any transactions with a trustee.
Create the trust document. You can get help from an attorney or use Willmaker & Trust (see below). Sign the document in front of a notary public. Change the title of any trust property that has a title document?such as your house or car?to reflect that you now own the property as trustee of the trust.
Yes, you can write your own will and have it notarized in Indiana. However, notarization is not required for a will to be valid, as Indiana allows wills to become self-proving, affirming the validity through the signature of both the deceased and witnesses. This ensures that probate is faster and smoother after death.
Indiana law does not explicitly require a trust to be notarized; however, notarizing a trust provides extra protection for the signor if the signature is ever contested. To read and review the requirements of a Trust, you can visit Indiana Code § 30-4-2-1.