Posted by BarbaraL_CA on 6/26/09 8:43pm
Msg #293761

Assignment of Property to Trust Question

Does any one know if an Assignment of Property to Trust needs to be notarized?

A month ago I notarized documents for a couple - the husband was in intensive care. The husband signed and I notarized a Declaration of Trust, A Grant Deed. The wife signed and I notarized a Quit Claim Deed.
No other forms were shown to me to be notarized.

She called and left me a message today that the Assignment of Property to Trust doesn't have my "seal of approval" - and to top it off her husband signed it, and unfortunately he passed away on June 15th.

I've searched the internet for some sample Assignment of Property to Trust forms and none of them appear to have notarial wording.

If, in fact, it needs to be notarized I can't use her as a subscribing witness, and my only thought is to have her or her attorney write a statement that she swears under oath that the document was signed by her husband and it is his true signature, then use a jurat on for the statement.

Any input would be appreciated, and thanks in advance.

Reply by John_NorCal on 6/26/09 10:29pm
Msg #293765

Barbara, I believe it does need to be notarized. It seems to me that anytime I have had clients come into my office for any changes or additions to their trust, they have needed notarizations. Not sure how if your solution would work, you'll have to pass that by an attorney. Good luck.

Reply by Glenn Strickler on 6/26/09 10:31pm
Msg #293766

The best advice you can give it to have her attorney answer that question.

My attorney frequently calls me to notarize trust documents and from my experience, the signature(s) on that document is(are) notarized.

There is the form that can be filed with the county by the widow declaring that her husband is dead, then the property can be transferred into her name only, then she can transfer the property into the trust herself. But she need to get an attorney's advice as this is just my opinion ........ Have fun.

Reply by PAW on 6/27/09 8:47am
Msg #293790

Proof of execution varies from state to state and may even depend on how the document is worded and witnessed. I would advise seeking the advice of an attorney.

Reply by BarbaraL_CA on 6/27/09 10:56am
Msg #293798

Thanks for your professional advice. Exactly as I suspected is for her to have her attorney handle it.