Legal Question in Wills and Trusts in Michigan

How do you determine if a revocable living trust has been properly recorded, and what has to be done to make it properly recorded?

Asked on 11/15/09, 11:44 am

1 Answer from Attorneys

Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

In Michigan, it would be unusual for a revocable living trust to be recorded. However, if someone wished to "file" their trust with the probate court in the county in which he or she resides, the trust may be accepted by the probate court in much the same way as it will accept a person's Last Will for filing. There is no requirement for a revocable living trust to be "recorded" during the lifetime of the grantor. Similarly, when the trust becomes irrevocable (i.e. at the death of the grantor) there is no general requirement to record, register, or have the trust supervised by the probate court unless the trust specifically requires the trustee to do so. If the trust owns real estate, there is a requirement to record a "Certificate of Trust" with the register of deeds in the county where the real estate is located when transferring ownership of the property into the trust. Note that the probate court has jurisdiction over all matters relating to the trust, so any questions or concerns about trust administration can be brought to the court's attention for assistance. The method to do this is by filing a "Petition" which allows you to tell the court what the problem or concern is and ask the court for its help.

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Answered on 11/21/09, 9:12 am

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