Legal Question in Wills and Trusts in Arizona
Is this trust valid?
My mother used a "do it yourself trust" kit which included a simple will which she signed and had witnessed. She did not sign the trust document. She did transfer the deed to the house to the Trust. Is the trust valid?
2 Answers from Attorneys
Validity of Unsigned Trust depends on Family Unity
I have asked California Probate Courts to recognize the validity of documents which are incompletly executed and have found that if the family is in unanimous support the Court will usually issue an order confirming that the improper Trust is valid.
Validity of trust
The short answer is "no." The trust would require a signature to be valid, and many jurisdictions require it to be notarized as well for certain types of transfers. Documents can sometimes be "reformed," or repaired by a court after one's death, but this will be expensive and time-consuming, so your mother ought to take care of things now.
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