Legal Question in Wills and Trusts in California

Do I need to have my living trust notarized when singing it In CA?

Do I need to have my living trust

notarized when signing it in orange

county california? All that will be in

the trust is one home and two bank

accounts. I will be the grantor &

trustee as well my older son will be a

trustee too.

Thank you

Louis

Asked on 8/24/07, 7:51 pm

3 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Do I need to have my living trust notarized when singing it In CA?

No, but you do need to have the deed conveying the property to your trust notarized.

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Answered on 8/24/07, 8:09 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Do I need to have my living trust notarized when singing it In CA?

Listen carefully. The law doesn't require that the trust be notorized, but you would be foolish not to have it done. If the trust was every challenged the first thing most judges would think is that the trust was procured through undue influence. Just because it's not required under the law, doesn't mean it's okay. It's not okay.

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Answered on 8/24/07, 9:05 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Do I need to have my living trust notarized when singing it In CA?

No. The living trust is legal whether notarized or not. But, as practical matter its good to have the signatures notarized. Also, given that you will own real estate in trust, you should have an Abstract of Trust, and that must be notarized to be recorded. It should be recorded so that notice is given regarding the fact that the name on the deed is that of the Trustees, in trust.

I suggest you read my book, "Create Your Legacy & Save the American Middle Class - How You Can Protect Your Family and Loved Ones in the Event of Death or Disability (Without Paying Legal Fees) and Win their Gratitude and Admiration". It is short and written for the layman in plain, simple English and will tell you everything you need and why. You can find it on one of my websites at www.YourLivingLegacy.info.

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Answered on 8/25/07, 2:36 am


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