Michigan Certificate of Trust with Real Property as Part of the Corpus

State:
Multi-State
Control #:
US-01183BG
Format:
Word; 
Rich Text
Instant download

Description

A certificate of trust is a shortened version of a trust that verifies the trust's existence, explains the powers given to the trustee, and identifies the successor trustee(s). A certificate of a trust agreement which conveys or contains an interest in real property must generally be recorded in the office of the county clerk where deeds are recorded and the property is located.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The estate attorney will typically write a demand letter and advising the Trustee that if the Trustee does not provide the Trust, that the attorney will have no choice but to compel the Trustee, pursuant to Surrogate's Court Procedures Act 2102 for a copy of the Trust.

Whether or not the trustee can withhold funds from you depends on the terms of the trust itself. If the trust requires withholding distributions under certain circumstances, such as the beneficiary reaching a specific age, the trustee must follow those stipulations.

To create a living trust in Michigan, you prepare the trust document and then sign it in the presence of a notary. The final step is to transfer assets into the trust, funding it. Living trusts are a popular estate planning tool.

States Using Deed of Trust In Alabama, Arizona, Arkansas, Illinois, Kentucky, Maryland, Michigan, Montana and South Dakota, the lender has the choice of either a mortgage or deed of trust. In any other state, you must have a mortgage.

TRUST REGISTRATION If an individual has created a Trust, he or she may want to register it with the Probate Court. To do so, the individual must complete the Trust Registration form, PC 610 and submit it to the Probate Court along with a $25 filing fee.

A certificate of trust existence and authority shall contain all of the following information: (a) The title of the trust. (b) The date of the trust agreement and any amendments to the trust agreement. (c) The name of the settlor or grantor and the settlor's or grantor's address.

If you have a trust in Michigan, state law provides that you can register the trust. Registering a Michigan trust is not required (except for certain charitable trusts, as discussed below). Even for non-charitable trusts, there are good reasons that a trust should be registered.

Make a written demand for a copy of the Trust and its amendments, if any; Wait 60 days; and. If you do not receive a copy of the Trust within 60 days of making your written demand, file a petition with the probate court.

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Michigan Certificate of Trust with Real Property as Part of the Corpus