Posted by ZoeyOR on 8/15/13 5:10pm
Msg #480618

certificate and affirmation of trust

This doc has a place to affirm and acknowledge; do I notarize both?

Reply by BobbiCT on 8/15/13 5:19pm
Msg #480619

Reply certificate and affirmation of trust

I work with these all the time in estate planning and trust administration law firm.

Ours always have a jurat (affirmation) notarization block and those received from other law firms where an attorney prepared them are the same.

Generally, the Trustee or attorney representing the Trust is certifying (swearing to the trust of the statements in the certification) that the Trust is still in existence, the Trustees are as stated, and have the authority to do XX. Attorneys I work with draft according to recipient requirements and particular circumstances.

Don't know about California, but it my world there are the odd ones with BOTH because that's what the receiving party wants in its file file before doing X. LOL

Reply by Susan Fischer on 8/15/13 5:20pm
Msg #480621

Since we cannot choose the cert, why not call your

contact person for direction?

Reply by JanetK_CA on 8/15/13 5:38pm
Msg #480625

This probably depends on your state's notary laws. Here in CA, most I see have an acknowledgment, but I have seen quite a few that ask for both. If that's what they want, that's what they get. And it's not up to me to decide. It varies from state to state, as I indicated, but here, the two serve two different functions (and which is used is to be decided by someone other than us), so I don't see any reason they can't have both.

(It IS double the effort to do two certificates - but that's beside the point. Also, here in CA, for GNW, we charge by the signature, so we can't charge any more for doing both.)

Reply by MW/VA on 8/15/13 6:18pm
Msg #480632

I've seen a few asking for both an Ack & Jurat. IMO it's

because they don't know which one it is, so they play it safe by doing both. I don't have any problem in completing both, even though I've been tempted to cross through one of them. Again, not my decision to make.