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Re: Certification of trust
Posted by  JanetK_CA of CA on 8/12/20 4:44pm Msg #622974
I have to agree with the others. There are too many potential 'issues' or complications that could come back to bite you. You're not the one who 'lost' the notary certificate, so it's not your responsibility to 'fix' the problem. I agree with Clem that the attorney who prepared the original (if there was one) should have a copy. Also, as the last several posters said, once the signer has died, the whole situation changes and the Successor Trustee takes over.

My BS detector tells me that something doesn't smell right with this, but there are two possible explanations I can think of. The first is that this is an attempt to do something fraudulent. More likely, though, I suspect that this request is being done out of ignorance. Sometimes people make assumptions based on very little info and end up making some poor choices.

I ran into an example of that recently. Years ago, I did some notary work for a very close neighbor of mine (an older lady), who I run into from time to time when picking up mail. Recently, she told me she might need my services again, as she wants to make arrangements for how another house she owns will be passed on to her kids. Her thought was to put one of them (who she most trusts) on title with her, as she wants to avoid probate. I recommended she see an attorney to look into setting up a trust. Her approach would likely create even more issues and probably still wouldn't avoid probate.

I've heard other people make similar assumptions. They're trying to avoid paying an attorney, but for many, it may end up costing more in the long run. The situation described above seems to be crying out for the involvement of an attorney.
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Messages in this Thread
 Certification of trust - biglee/Ca on 8/12/20 12:37am
 Re: Certification of trust - JustANotary on 8/12/20 12:50am
 Re: sending a loose acknowledgement - Jules on 8/12/20 10:00am
 Re: Certification of trust - biglee/Ca on 8/12/20 5:21am
 Never back date - Luckydog on 8/12/20 9:08am
 IMO this has nothing to do with backdating. It should -  MW/VA on 8/12/20 9:58am
 Re: IMO this has nothing to do with backdating. It should - Kellosh/CA on 8/12/20 10:27am
 Alternatively, they could request a copy of the Journal page - Kellosh/CA on 8/12/20 10:31am
 I agree that's reasonable IMHO. Except for CA, we rarely -  MW/VA on 8/12/20 4:04pm
 Re: Certification of trust - Art_FL on 8/12/20 6:18am
 Re: Certification of trust -  Cheryl Elliott on 8/12/20 7:40am
 No you cannot..and I am amazed that an - Linda_H/FL on 8/12/20 8:28am
 Absolutely not! -  Yoli/CA on 8/12/20 8:53am
 Re: Certification of trust - Clem/CA on 8/12/20 8:53am
 Re: Certification of trust - Jules on 8/12/20 10:11am
 Re: Certification of trust - Art_FL on 8/12/20 10:25am
 I believve the COT also is a - Linda_H/FL on 8/12/20 10:48am
 Re: Certification of trust -  Cheryl Elliott on 8/12/20 10:22am
 Re: Certification of trust - CopperheadTX on 8/12/20 12:16pm
 Re: Certification of trust -  JanetK_CA on 8/12/20 4:44pm
 Re: Certification of trust - biglee/Ca on 8/12/20 7:02pm
 Don’t do it!!! It is ILLEGAL!! You will end up in court n/m - Gavina Franklin on 8/13/20 1:56am
 Re: Don’t do it!!! It is ILLEGAL!! You will end up in court - JustANotary on 8/13/20 11:26am
 Re: Don’t do it!!! It is ILLEGAL!! You will end up in court -  Yoli/CA on 8/14/20 9:54am



 
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