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Thread: How many signatures required on trust?

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  1. #1
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    How many signatures required on trust?

    Just wondering, I have a copy of a trust that I am using for a template to do my own. Of course it has a place for signatures of the notary, and the settler and any other named trustees. But, it also has a place to list 2 'witnesses' . I'm just wondering why. Is that something I must have, or was it just something 'thrown in'?

    Does anybody else have those type signatures on their trusts?

  2. #2
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    Mine has spots for two witnesses as well. That's in addition to Grantor, all Trustees, and notary. Then, there's a separate page for each trustee to accept responsibility, and those are also notarized (but I don't think they have witnesses). Then there's the Certification Of Trust, which is also notarized...and has a spot for Grantor and each Trustee, but no witnesses.
    Last edited by BigWaylon; 11-13-14 at 21:25.

  3. #3
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    I'm in Texas. I wonder if it is a requirement. Getting all of my people together in front of the notary at the same time is proving difficult. The more ducks I have to get in a row, the harder it is to get done.

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    Find an attorney and make sure it's done RIGHT...
    "Those who do can't explain; those who don't can't understand"...

  5. #5
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    Bingo.

    Quote Originally Posted by skydivr View Post
    Find an attorney and make sure it's done RIGHT...
    Why do the loudest do the least?

  6. #6
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    Mine was done here in TX via lawyer - I don't have any witness signature lines; only myself (settlor) and the other trustees' signatures in a few places, and where the notary(s) left their mark.

    Most banks will notarize (usually for free) for you if you have an account there.

    As for lining everyone up, just sign your part/get it notarized, and pass it on to the next person and repeat; it's not like everyone has to be there at one time.

  7. #7
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    Quote Originally Posted by skydivr View Post
    Find an attorney and make sure it's done RIGHT...
    Ding ding ding we have a winner. The consequence of getting it wrong is go directly to jail, do not pass go, do not collect $200. It's worth paying a lawyer a few hundred to get it right.

  8. #8
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    "How many signatures required on trust?"

    It depends on state law.

    VA required the Grantor only (notarized).

    FL required the Grantor and two witnesses (all notarized).

  9. #9
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    Quote Originally Posted by nova3930 View Post
    Ding ding ding we have a winner. The consequence of getting it wrong is go directly to jail, do not pass go, do not collect $200. It's worth paying a lawyer a few hundred to get it right.
    Here is my thing about attorneys FWIW: I know several, and have dealt with a lot more. I'm a cop and have dealt with prosecutors, defense, as well as civil attorneys. Nothing wrong with any of them, I don't have an anti-attorney bias. But the fact of the matter is they are only people. When they graduate from law school, or pass the BAR exam, they are not given the keys to the kingdom, they are not issued any set of books or anything with any secret knowledge that is unavailable to regular people.

    To say that only an attorney can do a trust, or they can only do it right, is exactly the same as saying 'only cops should have guns'. (insert "I am the only one here professional enough....." video clip here)

    Not bragging, but I've met a lot of attorneys who are not as smart as me.

    What an attorney is needed for is to make all the trips to the courthouse, to represent you when you aren't there, and to prepare the paperwork that you either don't have time, or ability to prepare. That doesn't mean that the rest of us don't have the ability.

    Off the soap box

    I went to the Texas statues to look. I see no requirement for having witness signatures. In fact, according to my research, in Texas a Trust doesn't even have to be in writing. But since we are dealing with the BATFIEO, I wonder if there is any requirement from them.

  10. #10
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    I'm from Texas and also have two witnesses for the signatures. The way that my attorney wrote the signature page might help make your problem a lot more convenient. Each signature has an associated notary spot and witness spot so that once I signed my spot and had it notarized, I passed it on to the next trustee and they could go at their convenance(without me) to sign their part and have it notarized. Then pass it on to the next trustee.

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