A trust is typically filed in the county where the grantor resides or where the trust's assets are located. This is usually done by submitting the trust document to the local probate court or recorder's office for record-keeping and verification. It's important to consult with a legal professional for guidance on the specific filing requirements in your jurisdiction.
Trust documents are typically recorded with the county clerk's office in the county where the property involved is located. Additionally, some states may require that trusts be filed with a state agency such as the Secretary of State's office. It is important to consult with a legal professional to ensure proper recording and compliance with state regulations.
No, the will should be filed in the county where the deceased person resided at the time of their death. If the deceased person was not a resident of Georgia, the will should be filed in the state where they were a resident.
The assets in an irrevocable trust are legally owned by the trust itself, not by any individual. The trustee is responsible for managing the trust assets for the benefit of the trust beneficiaries as outlined in the trust agreement.
Yes, typically the debts of a trust are payable out of the trust estate. Creditors of the trust have the right to seek payment from the assets held within the trust before distribution to the beneficiaries.
Yes, the settlor of a revocable living trust is the person who creates the trust by transferring assets into it. The settlor's name appears on the trust document as the creator of the trust.
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Trust documents are typically recorded with the county clerk's office in the county where the property involved is located. Additionally, some states may require that trusts be filed with a state agency such as the Secretary of State's office. It is important to consult with a legal professional to ensure proper recording and compliance with state regulations.
A life estate in real property must be filed in probate or filed in the land records office in order to be perfected as an encumbrance on the property.
The following is general information. When trusts are concerned you should consult with an attorney who specializes in trust law.If the original trust is recorded or filed then any amendments must be filed with the trust in order to be effective against anyone relying on the trust. For example, let's say a trust holds title to a motel, a purchaser pays the trustee of record (A) and trustee A executes a deed. Now suppose the trustee had been removed a few months before and a new trustee (B) had been appointed but the parties of the trust failed to record the change of trustee. The new owner owns the motel. Trustee A absconded with the proceeds. The trust is out of luck as against the new owner and would need to pursue trustee A to get their money back.
The trustees are bound by the trust byelaws filed with the charity commissioner and are suppose to function as per the prevailing public trust act of the concern state.
If your grandfather left a will and the will has been filed in probate you can request the file and review any documents that have been or will be filed by the executor. The executor, and the trustee if a testamentary trust was created, will be required to file an inventory of all the real and personal property owned by your grandfather at the time of his death. Once a will has been filed in probate the estate becomes a public record.
An executor is the term used for the person who has been appointed by a court to settle an estate. The person who can act for a trust is called the trustee. You should review the terms of the trust for provisions as to when the trust property must be distributed. If you think the trustee is not distributing the funds in a timely manner you should file a complaint with the court where the estate or trust was filed.
You would need to get a Certified Copy from the County where it was initially filed.
All the provisions of a trust must be set forth in the document that create the trust. Only the trustee has 'access' to the trust property. After the death of the grantor the over-riding hope is that the trust was properly drafted. The powers of the trustee must be set forth in the trust document and those should include the power to transfer or sell the trust property and then distribute the proceeds to the beneficiaries. If the trust document does not provide for final distribution then a petition will need to be filed in a court of equity and a judge will need to issue a court order to distribute the trust assets.
You need to hire an attorney to change the name on your deed. The deed needs to be filed properly with a court of law and recorded.
Yes. There is no requirement that it be publicly recorded or disclosed. ==Clarification== In some cases a trust becomes public. A testamentary trust becomes open to the public when the estate has been filed for probate. In that case the public has access to the probate file so anyone can discover the extent of the property in the trust and the beneficiaries. In a non-testamentary trust the trust may become public if the trust owns real estate. In some jurisdictions a trust that owns real estate must be recorded in the land records. However, in that case the beneficiaries are not named only the trustees, the trustor and the property.