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To create a living trust in Utah, prepare a written trust document and sign it in front of a notary. The trust is not functional until you transfer assets into it. A living trust can widen your options and allow you to maintain control of your assets now and in the future.
A Memorandum of Trust is a synopsis of a trust that is used when transferring real property into a trust. It's then recorded in county in which the property is owned. The Memorandum of Trust is used in place of the actual trust to identify the grantor and trustees as well as the basic details of the trust.
Call the document ?Memorandum? Write your name on it. State the date that it is written. Sign it. Identify each item as clearly as possible and put the full name of the person who is to get the item and what the person's relationship to you is.
The letter should be written in non-technical language by you. It should communicate to the reader your heartfelt desires. A letter of intent is not legally binding like your trust. However, its contents should not contradict your trust.
Generally, assets in a revocable trust, including houses, should be distributed or sold within 12-18 months.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
Memorandum of Trusts Are Typically Comprised of the Following The name of the Trust. The date the Trust was established. The fact that you're the Trustmaker. The name of the initial Trustee. The name of the Successor Trustee(s) The identities of those who signed the Trust Agreement. The powers given to the Trustee.
The Trust is administered by trustees for the benefit of beneficiaries (usually the settlors and their family). The MOW's sets out the settlors wishes, and although not legally binding, is usually highly persuasive and can guide the trustee's actions.