LIVING TRUST

Simplify Estate Planning and Avoid Probate

A Living Trust is a legal document that outlines how an individual’s assets will be managed during their lifetime and distributed after their death, bypassing the probate process. Notarization ensures the document’s authenticity and validity, particularly for legal recognition.

Key Components of a Living Trust

1. Trustor (Grantor):The person creating the trust and transferring assets into it.
   
2. Trustee and Successor Trustee:The individual or entity responsible for managing the trust during the trustor’s lifetime and after their death.
   
3. Beneficiaries:The people or organizations designated to receive assets from the trust.
   
4. Schedule of Assets:A detailed list of all assets included in the trust.
   

Steps for Notarizing a Living Trust

1. Verify the Signer’s Identity:Ensure the trustor and any other required signers provide valid, government-issued photo identification.
   
2. Review the Document:Confirm the document is complete and prepared for signing. Notaries do not review the content for accuracy or legality.
   
3. Sign in the Notary’s Presence:The trustor (and possibly the trustee, depending on the requirements) must sign the document in front of the notary.
   
4. Complete the Notarial Acknowledgment:Fill out the acknowledgment certificate, affixing the notary’s seal and signature.
   
5. Witness Requirements (if applicable):In some states, additional witnesses may be required alongside notarization. Verify local regulations.
   

Why is Notarization Necessary for a Living Trust?

• Authenticity: Confirms the identities of the signers and ensures the trust is signed voluntarily.
• Legal Standing: Many states require notarization for the trust to be enforceable.
• Asset Protection: Prevents disputes over the validity of the trust during the trustor’s lifetime or after their passing.

Additional Considerations

• Real Estate Transfers: If real estate is being transferred into the trust, notarization of the deed is also required.
• Legal Advice: Encourage clients to consult with an attorney to ensure the trust complies with their estate planning goals.

Pricing:

• State-Regulated Fee: $10.00 per notarial act
• State-Regulated Mileage Fee: $67.0 cents per mile (round trip)
• Witness Fee: $35.00

Additional fees may apply during Federal Holidays, after 9 PM, and on weekends. A $20.00 fee per 15 minutes will be charged for wait times if we are delayed.