What you get
- An editable Word document, drafted from your answers and the state's published law.
- A proof of sources: every citation in the draft with the words it quotes, the source and whether it is the official text, the date the text was saved and its fingerprint.
- Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.
What the intake asks
Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.
The trust
- The trust
- Can the trust be revoked
- Who may revoke, and any event that changed it
- Who holds the power to revoke
The trustees
- Current trustees
- If there are several trustees, who must sign
- How a successor came to serve
Powers and purpose
- Trustee powers being relied on
- Who will receive the certification and why
- Trust taxpayer identification
- How title to trust assets is taken
Signing
- Form of the certification
- Other instructions or open decisions
Where it is offered
Every state Lawsmith has sources for:
CaliforniaConnecticutDelawareDistrict of ColumbiaFloridaMarylandMassachusettsNew JerseyNew YorkOhioPennsylvaniaTexasVirginia
Sources on file
The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from its government publisher and dated, and labelled official only where the state designates that text official.
| State | Sources for this document |
|---|---|
| California | 37 |
| Connecticut | 27 |
| Delaware | 22 |
| District of Columbia | 25 |
| Florida | 28 |
| Maryland | 25 |
| Massachusetts | 22 |
| New Jersey | 27 |
| New York | 27 |
| Ohio | 22 |
| Pennsylvania | 26 |
| Texas | 24 |
| Virginia | 27 |
Among them, for New Jersey:
- N.J.S.A. 46:14-2.1 Acknowledgement and proof.
- N.J.S.A. 46:26A-3 Prerequisites for recording.
- N.J.S.A. 46:14-6.1 Officers authorized to take acknowledgments
- N.J.S.A. 3B:11-3 Trustees construed to be joint tenants
- N.J.S.A. 3B:14-23 Powers.
The law on file, state by state
What the drafter reads for this document in each state, from the publisher's own pages. A listed text is on file; whether it governs your matter is your call. The collection does not establish complete legal coverage.
California
- Cal. Prob. Code § 16061.7. Notification by trustee when a revocable trust becomes irrevocable; 60-day deadline; contents; 120-day contest warning statute
Trust Law text requiring the trustee to serve a notification when a revocable trust or part of it becomes irrevocable because of a settlor's death, on a change of trustee of an irrevocable trust, and in the other stated…
- Cal. Prob. Code § 18100.5. Certification of trust; contents; reliance by third parties; recording statute
Trust Law text allowing a trustee to present a certification of trust instead of the instrument to establish the trust's existence or terms, listing what it may confirm (existence and date, settlors and current…
- Cal. Fam. Code § 761. Community property transferred to a revocable trust remains community property; power to revoke statute
Family Code text: unless the instrument expressly provides otherwise, community property transferred in trust remains community property during the marriage if the trust is revocable as to that property during the…
- Cal. Prob. Code § 15800. Settlor holds beneficiary rights while the trust is revocable; trustee duties on incompetency statute
Trust Law text: while a trust is revocable and a person holding the power to revoke is competent, that person, not the beneficiaries, has the rights afforded beneficiaries and the trustee's duties run to that person,…
- Cal. Prob. Code § 18100. Third person dealing with a trustee in good faith need not inquire into the trustee's powers statute
Trust Law text: a third person who deals with or assists a trustee in good faith, for valuable consideration and without actual knowledge that the trustee is exceeding or improperly exercising its powers, is not bound…
- Cal. Prob. Code § 18101. Good-faith third person need not see to the application of trust property delivered to the trustee statute
A third person who acts in good faith is not bound to ensure the proper application of trust property paid or delivered to the trustee.
- Cal. Prob. Code § 18102. Protection for a third person dealing with a former trustee without knowledge statute
A third person acting in good faith and for valuable consideration who enters into a transaction with a former trustee, without knowledge that the person is no longer a trustee, is fully protected as if the former…
- Cal. Prob. Code § 104. Community property held in a revocable trust is governed by the trust's death provisions statute
Probate Code text: notwithstanding section 100, community property held in a revocable trust described in Family Code section 761 is governed by the provisions, if any, in the trust for disposition at death.
- Cal. Prob. Code § 15400. Trust is revocable unless expressly made irrevocable statute
Trust Law text: unless a trust is expressly made irrevocable by the instrument, it is revocable by the settlor;
- Cal. Prob. Code § 15401. Methods of revoking a revocable trust; joint settlors; attorney in fact statute
Trust Law text: a revocable trust may be revoked in whole or part by any method the instrument provides, or by a writing other than a will signed by the settlor or holder of the power and delivered to the trustee during…
Connecticut
- Conn. Gen. Stat. § 47-12a. Affidavit of facts relating to title or interest in real estate statute
Connecticut rule that an affidavit stating facts that may affect title to real estate, made by a person with knowledge, may be recorded in the land records of the town where the land lies, and if the affiant is dead or…
- Conn. Gen. Stat. § 45a-499mmm. General powers of trustee statute
Connecticut text that a trustee, without court authorization, may exercise the powers conferred by the terms of the trust and, except as the terms limit them, all powers over trust property that an unmarried competent…
- Conn. Gen. Stat. § 45a-499nnn. Specific powers of trustee statute
Connecticut list of specific trustee powers that apply unless prohibited by law or the trust terms, including collecting trust property and accepting or rejecting additions from a settlor or any other person, acquiring…
- Conn. Gen. Stat. § 45a-499oo. Revocation or amendment of revocable trust statute
Connecticut text on revocation and amendment: unless the terms expressly make the trust irrevocable the settlor may revoke or amend it, but that presumption does not apply to instruments executed before January 1, 2020;
- Conn. Gen. Stat. § 45a-499pp. Settlor's powers; powers of withdrawal statute
Connecticut text on the settlor's powers while the trust is revocable: the trustee may follow the settlor's direction even if contrary to the terms, and while the settlor has capacity to revoke, the beneficiaries'…
- Conn. Gen. Stat. § 45a-499qq. Limitation on action contesting validity of revocable trust; distribution of trust property statute
Connecticut text on contests after death: a proceeding to contest a trust that was revocable at the settlor's death must be brought within the earlier of one year after death or one hundred twenty days after the trustee…
- Conn. Gen. Stat. § 45a-499yyy. Protection of person dealing with trustee statute
Connecticut rule that a person other than a beneficiary who in good faith assists or deals for value with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers, is…
- Conn. Gen. Stat. § 45a-499zzz. Certification of trust statute
Connecticut text on the certification of trust: instead of the instrument, the trustee may furnish a certification stating that the trust exists and the date it was executed, the settlor's identity, the acting trustee's…
- Conn. Gen. Stat. § 1-29. Acknowledgments within state statute
WHO MAY TAKE AN ACKNOWLEDGMENT IN CONNECTICUT, and the list is wider than a notary: a judge of a court of record or a family support magistrate, a clerk or deputy clerk of a court having a seal, a town clerk, a NOTARY…
- Conn. Gen. Stat. § 45a-499aaa. Duty to administer trust statute
Connecticut text requiring the trustee, on acceptance, to administer the trust in good faith, in accordance with its terms and purposes, the settlor's intent and the beneficiaries' interests, and in accordance with the…
Delaware
- 12 Del. C. § 3510. Vesting of title to trust realty in successor trustee appointed under the trust; deed of appointment statute
Delaware rule that where a recorded deed or proved will creating a trust of real estate provides for appointing new trustees by deed or other writing, legal title to the trust land vests in the new trustee, without any…
- 12 Del. C. § 3509. Vesting of title to trust property in successor trustee statute
Delaware rule that when a trustee is appointed by the Court of Chancery (after the death, removal or renunciation of the sole or surviving trustee, or where no trustee was named), all trust property wherever located…
- 12 Del. C. § 3303. Effect of provisions of instrument statute
Delaware text: the governing instrument may expand, restrict, eliminate or vary the laws of general application to fiduciaries and trusts, including beneficiaries' rights to information for a period, removal grounds,…
- 12 Del. C. § 3324. General powers of trustee statute
Delaware text that a trustee, without court authorization, may exercise the powers conferred by the terms of the trust and, except as those terms limit them, the other powers conferred by chapter 33, and that, except as…
- 12 Del. C. § 3325. Specific powers of trustee statute
Delaware list of specific trustee powers, including collecting trust property and accepting or declining additions from a trustor or any other person, acquiring or selling property, depositing funds with a regulated…
- 12 Del. C. § 3532. Transfer of corporate securities by trustee; certificate of Register in Chancery statute
Delaware rule that when trustees transfer a corporation's stocks, bonds or other securities, the certificate of the Register of the Court of Chancery in which the trustee was appointed, or other proper public official,…
- 12 Del. C. § 3544. Successor trustee statute
Delaware rule that, unless the trust terms or a court order provide otherwise and absent actual knowledge or information prompting inquiry into a breach, a successor trustee appointed under the trust terms, by the court…
- 12 Del. C. § 3585. Limitation of action against trustee following trustee's report statute
Delaware text: a claim against a trustee may be brought until the first to occur of one year after the person was sent a report adequately disclosing the facts, or 120 days after a report from a resigning or removed…
- 12 Del. C. § 3590. Protection of person dealing with trustee statute
Delaware rule that a person other than a beneficiary who in good faith assists or deals for value with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers, is…
- 12 Del. C. § 3591. Certification of trust statute
Delaware text on the certification of trust: in place of the instrument the trustee may provide a certification of the trust's existence and execution date, the trustors and acting trustees, the trustee's powers,…
District of Columbia
- D.C. Code § 19-1306.01. Capacity of settlor of revocable trust. statute
D.C. text stating that the capacity required to create, amend, revoke or add property to a revocable trust, or to direct its trustee, is the same as that required to make a will.
- D.C. Code § 19-1306.02. Revocation or amendment of revocable trust. statute
D.C. text on revocation and amendment: unless the terms expressly provide that the trust is irrevocable the settlor may revoke or amend it (for instruments executed on or after March 10, 2004), with rules for multiple…
- D.C. Code § 19-1306.03. Settlor's powers; powers of withdrawal. statute
D.C. text stating that while a trust is revocable the beneficiaries' rights are subject to the settlor's control and the trustee's duties are owed exclusively to the settlor, that a beneficiary may enforce the settlor's…
- D.C. Code § 19-1306.04. Limitation on action contesting validity of revocable trust; distribution of trust property. statute
D.C. text on the time to contest a trust that was revocable at the settlor's death (the earliest of one year after death, 90 days after the trustee's notice with the instrument, or six months after published notice as…
- D.C. Code § 19-1308.15. General powers of trustee statute
District of Columbia text: without court authorization a trustee may exercise powers conferred by the terms of the trust and, except as those terms limit them, all powers over trust property that an unmarried competent…
- D.C. Code § 19-1308.16. Specific powers of trustee statute
District of Columbia list of specific trustee powers that apply without limiting § 19-1308.15, including to collect trust property and accept or reject additions from a settlor or any other person, acquire or sell…
- D.C. Code § 19-1310.12. Protection of person dealing with trustee statute
District of Columbia text (Uniform Trust Code § 1012): a person other than a beneficiary who in good faith assists or deals for value with a trustee, without knowledge that the trustee is exceeding or improperly…
- D.C. Code § 19-1310.13. Certification of trust. statute
D.C. text on certification of trust: instead of the instrument the trustee may furnish a certification stating the listed items (existence and date, settlor, current trustee, powers, revocability and who may revoke,…
- D.C. Code § 1-1231.05 Personal appearance required (Revised Uniform Law on Notarial Acts) statute
A notarial act relating to a statement made in or a signature executed on a record requires THE INDIVIDUAL MAKING THE STATEMENT OR EXECUTING THE SIGNATURE TO APPEAR PERSONALLY BEFORE THE NOTARIAL OFFICER, including an…
- D.C. Code § 19-1301.03. Definitions. statute
Definitions for the D.C. Uniform Trust Code, including "beneficiary", "qualified beneficiary", "revocable", "settlor" and "trust instrument". Read the complete section before relying on any defined term.
Florida
- Fla. Stat. § 736.0601. Capacity of settlor of revocable trust. statute
Florida text stating that the capacity required to create, amend, revoke or add property to a revocable trust, or to direct the trustee of a revocable trust, is the same as that required to make a will.
- Fla. Stat. § 689.073. Powers conferred on trustee in recorded conveyance statute
Florida text providing that a recorded conveyance, deed, mortgage, lease assignment, or similar recorded document transferring an interest in real property to a person or entity designated trustee or as trustee, and…
- Fla. Stat. § 736.0403. Trusts created in other jurisdictions; formalities required for revocable trusts. statute
Florida text on validity of a trust created under another jurisdiction's law and, in subsection (2)(b), the requirement that the testamentary aspects of a revocable trust executed by a Florida domiciliary be executed…
- Fla. Stat. § 736.05053. Trustee's duty to pay expenses and obligations of settlor's estate. statute
Florida text requiring the trustee of a trust described in section 733.707(3) to pay the settlor's personal representative the amounts certified as required for expenses of administration and obligations of the estate,…
- Fla. Stat. § 736.0602. Revocation or amendment of revocable trust. statute
Florida text on revocation and amendment: unless the terms expressly provide the trust is irrevocable the settlor may revoke or amend it (for instruments executed on or after the code's effective date);
- Fla. Stat. § 736.0603. Settlor's powers; powers of withdrawal. statute
Florida text stating that while a trust is revocable the trustee's duties are owed exclusively to the settlor, that a holder of a power of withdrawal has a settlor's rights to the extent of the property subject to the…
- Fla. Stat. § 736.0815. General powers of trustee statute
Florida text allowing a trustee, without court authorization and except as the code limits, to exercise the powers conferred by the trust terms and, except as the terms limit them, all powers over trust property that an…
- Fla. Stat. § 736.0816. Specific powers of trustee statute
Florida text listing specific trustee powers, except as limited by the code, including collecting trust property and accepting or rejecting additions from a settlor, holding property in a nominee's name or other form…
- Fla. Stat. § 736.1016. Protection of person dealing with trustee statute
Florida text protecting a person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly…
- Fla. Stat. § 736.1017. Certification of trust. statute
Florida text on the certification of trust a trustee may furnish instead of the instrument, listing its required contents (existence and date, settlor, acting trustee, powers, powers of direction and trust directors,…
Maryland
- Md. Code, Estates and Trusts § 14.5-601. Capacity of settlor of revocable trust statute
Maryland text stating that the capacity required to create, amend, revoke or add property to a revocable trust, or to direct its trustee, is the same as that required to make a will, and that the settlor's later…
- Md. Code, Estates and Trusts § 14.5-602. Revocation or amendment of revocable trust statute
Maryland text on revocation and amendment: unless the terms expressly provide that the trust is irrevocable the settlor may revoke or amend it (for instruments executed on or after January 1, 2015), with rules for…
- Md. Code, Estates and Trusts § 14.5-603. Settlor's powers statute
Maryland text stating that while a trust is revocable the beneficiaries' rights are subject to the settlor's control and the trustee's duties are owed exclusively to the settlor, except that while the settlor lacks…
- Md. Code, Estates and Trusts § 14.5-605. Limitation on action contesting validity of revocable trust statute
Maryland text requiring a proceeding to contest a trust that was revocable at the settlor's death to be commenced within the earlier of one year after death or six months after the trustee sends the instrument and the…
- Md. Code, Estates and Trusts § 14.5-815. General powers of trustee statute
Maryland text: without court authorization a trustee may exercise powers conferred by the terms of the trust or, except as those terms limit them, all powers over trust property that an unmarried competent owner has…
- Md. Code, Estates and Trusts § 14.5-909. Protection of person dealing with trustee statute
Maryland text: absent actual knowledge or reasonable cause to inquire whether a trustee is improperly exercising its power, a person dealing with a trustee need not inquire whether the power is properly exercised and is…
- Md. Code, Estates and Trusts § 14.5-910. Certification of trust statute
Maryland text on certification of trust: instead of the instrument the trustee may furnish a certification stating the listed items (existence and date, settlor, current trustee, powers in the pending transaction,…
- Md. Code, Estates and Trusts § 4-411. Legacy to trustee of inter vivos trust statute
Maryland text allowing a legacy to the trustee of a written inter vivos trust (including an unfunded life insurance trust) executed and in existence before or contemporaneously with the will and identified in it,…
- Md. Code, Real Property § 4-204 Statutory form of acknowledgment statute
Maryland: 4-101 addresses deed content, execution, acknowledgment and recording where required; absence of attestation or a seal does not defeat a deed signed as that section specifies.
- Md. Code, Estates and Trusts § 14.5-103. Definitions statute
Definitions for the Maryland Trust Act, including "beneficiary", "discretionary distribution provision", "qualified beneficiary", "revocable" and "settlor".
Massachusetts
- Mass. Gen. Laws ch. 184, § 35. Trustee's certificate; requirements; effect statute
Massachusetts rule that a certificate sworn to or signed under the penalties of perjury by a person who appears from the registry of deeds or land court records to be a trustee of a nontestamentary trust owning real…
- Mass. Gen. Laws ch. 203E, § 1012. Protection of person dealing with trustee statute
Massachusetts rule that a person other than a beneficiary who in good faith assists or deals for value with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers, is…
- Mass. Gen. Laws ch. 203E, § 1013. Certification of trust statute
Massachusetts text on the certification of trust: instead of the instrument the trustee may furnish a certification of the trust's existence and execution date, the settlor, the acting trustee and address, the trustee's…
- Mass. Gen. Laws ch. 203E, § 602. Revocation or amendment of revocable trust statute
Massachusetts text: unless the terms expressly make the trust irrevocable the settlor may revoke or amend it;
- Mass. Gen. Laws ch. 203E, § 603. Settlor's powers; powers of withdrawal statute
Massachusetts text: while a trust is revocable and the settlor has capacity to revoke it, the beneficiaries' rights are subject to the settlor's control and the trustee's duties are owed exclusively to the settlor, and…
- Mass. Gen. Laws ch. 203E, § 604. Limitation on action contesting validity of revocable trust; distribution of trust property statute
Massachusetts text: a contest of a trust that was revocable at the settlor's death must be commenced within the earlier of one year after death or 60 days after the trustee sent the person a copy of the instrument with…
- Mass. Gen. Laws ch. 203E, § 815. General powers of trustee statute
Massachusetts text that a trustee, without court authorization, may exercise the powers conferred by the terms of the trust or, except as the terms limit them, all powers over trust property that an unmarried competent…
- Mass. Gen. Laws ch. 203E, § 816. Specific powers of trustee statute
Massachusetts list of specific trustee powers, including collecting trust property and accepting or rejecting additions from a settlor or any other person, acquiring or selling property, depositing trust money with a…
- Mass. Gen. Laws ch. 183, § 29. Acknowledgment of deeds; recording statute
Massachusetts: 183-1 treats an authorized owner's or attorney's executed and delivered deed as sufficient without another ceremony, subject to 183-4.
- Mass. Gen. Laws ch. 203E, § 1010. Limitation on personal liability of trustee statute
Massachusetts rule that, unless the contract provides otherwise, a trustee is not personally liable on a contract properly entered into in a fiduciary capacity in administering the trust if the trustee disclosed that…
New Jersey
- N.J.S.A. 3B:31-42 Capacity of settlor of revocable trust. statute
The capacity required to create, amend, revoke or add property to a revocable trust, or to direct the actions of its trustee, is the same as that required to make a will.
- N.J.S.A. 3B:31-43 Revocation or amendment of revocable trust. statute
Unless the terms expressly provide that the trust is irrevocable, or clear and convincing evidence proves the settlor intended it to be irrevocable, the settlor may revoke or amend the trust, and subsection a.
- N.J.S.A. 3B:31-44 Settlor's powers. statute
While a trust is revocable, the rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.
- N.J.S.A. 3B:31-45 Limitation on action contesting validity of revocable trust; distribution of trust property. statute
A proceeding to contest a trust that was revocable at the settlor's death must begin within the earlier of three years after the death or four months for a resident, six months for a nonresident, after the trustee sends…
- N.J.S.A. 3B:31-69 General powers of trustee. statute
Except as limited by N.J.S.A. 3B:11-4.1 and other express statutory restrictions, a trustee may exercise without court authorization the powers conferred by the terms of the trust and, unless the terms limit them, all…
- N.J.S.A. 3B:31-81 Certification of trust. statute
Instead of furnishing the instrument to a person other than a beneficiary, the trustee may furnish a certification stating the trust's existence and execution date, the settlor, the acting trustee's identity and…
- N.J.S.A. 3B:4-2 Devise to trustee of trust created other than by testator's will. statute
New Jersey Testamentary Additions to Trusts Law text: a will may validly devise property to the trustee of a trust established, or to be established, during the testator's lifetime by the testator or another person,…
- N.J.S.A. 3B:11-3 Trustees construed to be joint tenants statute
All estates granted or devised to trustees vest in them as joint tenants, and when a trustee is removed, dies or resigns and a new, additional or substituted trustee is appointed by a court, under the terms of a will or…
- N.J.S.A. 3B:14-23 Powers. statute
Unless the appointing judgment or order, the will, deed or other governing document, or a later court order provides otherwise, every fiduciary acting in good faith and with reasonable discretion has the listed powers,…
- N.J.S.A. 3B:31-18 Methods of creating trust. statute
New Jersey Uniform Trust Code text: a trust may be created by transfer of property under a written instrument to another person as trustee during the settlor's lifetime or by will or other written disposition taking…
New York
- N.Y. Estates, Powers and Trusts Law § 3-3.7. Testamentary disposition to trustee under, or in accordance with terms of existing inter vivos trust. statute
Pour-over text: a testator may by will dispose of or appoint all or part of the estate to the trustee of a trust whose terms are evidenced by a written instrument, whether or not assets were transferred before death,…
- N.Y. Estates, Powers and Trusts Law § 7-2.3. Trust estate not to descend on death of trustee; appointment, duties and rights of successor trustee. statute
On the death of the sole surviving trustee of an express trust, the trust estate does not pass to that trustee's personal representative, distributees or devisees;
- N.Y. Estates, Powers and Trusts Law § 7-1.10. Provision by non-domiciliary creator as to law to govern trust. statute
Text on a governing-law clause: where a person not domiciled in New York creates a trust that provides it shall be governed by New York law, the provision is given effect for the validity, effect and interpretation of…
- N.Y. Estates, Powers and Trusts Law § 7-2.4. Act of trustee in contravention of trust. statute
- N.Y. Estates, Powers and Trusts Law § 7-3.3. Person paying money to the trustee protected. statute
A person who in good faith transfers money or property to a trustee is not responsible for its proper application, and any right or title that person derives from the trustee in consideration of the transfer is not…
- N.Y. Real Property Law § 309-b Uniform forms of certificates of acknowledgment or proof without this state statute
The counterpart form where the acknowledgment is taken outside New York, including the requirement that the certificate name the jurisdiction.
- N.Y. Estates, Powers and Trusts Law § 1-2.20. Lifetime trust. statute
Definition: a "lifetime trust" is an express trust, with all its amendments, created other than by will;
- N.Y. Estates, Powers and Trusts Law § 7-1.14. Who may make a lifetime trust. statute
Any person, as defined in section 1-2.12, may dispose of real and personal property by lifetime trust, and a natural person who creates a lifetime trust must be eighteen years of age or older.
- N.Y. Estates, Powers and Trusts Law § 7-1.15. What property may be disposed of by lifetime trust. statute
Text in one sentence: every estate in property may be disposed of by lifetime trust. Read section 7-1.18 on how assets are transferred into the trust, since the trust is valid only as to assets actually transferred.
- N.Y. Estates, Powers and Trusts Law § 7-1.16. Revocation of lifetime trust by will. statute
A lifetime trust is irrevocable unless it expressly provides that it is revocable;
Ohio
- Ohio Rev. Code § 5810.13. Certification of trust furnished to person not beneficiary. statute
Ohio text on the certification of trust a trustee may furnish instead of the instrument: it lists the required contents (existence and date of the trust, settlor, acting trustee, trustee powers, revocability and who may…
- Ohio Rev. Code § 147.53. Taking an acknowledgment statute
Ohio text requiring the notary taking an acknowledgment to certify that the person appeared and acknowledged signing, and defining what the words acknowledged before me mean, including, for a person acknowledging as a…
- Ohio Rev. Code § 147.55. Statutory short forms of acknowledgment statute
Ohio text setting out statutory short forms of acknowledgment that are sufficient for their purposes under any section of the Revised Code, including a form for an individual, entities, an attorney in fact, and one for…
- Ohio Rev. Code § 2107.63. Real or personal property devised, bequeathed or appointed to trustee of existing trust statute
A testator may devise or appoint property to the trustee of a trust already in existence, which is Ohio's pour-over provision. Name the trust by its exact name and date so the gift is identifiable.
- Ohio Rev. Code § 5301.255. Memorandum of trust recording statute
Ohio text requiring a memorandum of trust or similar document to be of record when a trustee of a disclosed trust conveys any interest in real property, and allowing it to be presented in other circumstances, in the…
- Ohio Rev. Code § 5801.04. Trustee powers, duties, and relations - beneficiaries' rights. statute
Ohio text stating that the terms of a trust prevail over the Trust Code except for the listed mandatory rules, which include the requirements for creating a trust, the trustee's duty to act in good faith, the…
- Ohio Rev. Code § 5805.06. Rights of settlor's creditors - power of withdrawal. statute
Ohio text stating that, whether or not the trust has a spendthrift provision, the property of a revocable trust is subject to the settlor's creditors during the settlor's lifetime, with further rules for irrevocable…
- Ohio Rev. Code § 5808.15. General powers of trustee statute
Ohio text allowing a trustee, without court authorization, to exercise the powers conferred by the trust terms and, except as the terms limit them, all powers over trust property that an unmarried competent owner has…
- Ohio Rev. Code § 5808.16. Specific powers of trustee statute
Ohio text listing specific trustee powers that supplement section 5808.15, including collecting trust property and accepting or rejecting additions from a settlor or any other person, acquiring or selling property for…
- Ohio Rev. Code § 5810.12. Person assisting or dealing with trustee in good faith statute
Ohio text protecting a person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly…
Pennsylvania
- 20 Pa.C.S. § 7751. Capacity of settlor of revocable trust - UTC 601. statute
The capacity required to create, amend, revoke or add property to a revocable trust, or to direct the actions of its trustee, is the same as that required to make a will.
- 20 Pa.C.S. § 7752. Revocation or amendment of revocable trust - UTC 602. statute
The settlor may revoke or amend a trust unless the terms expressly provide that it is irrevocable;
- 20 Pa.C.S. § 7753. Trustee's duties; powers of withdrawal - UTC 603. statute
Regardless of the settlor's legal capacity, while a trust is revocable the rights of the beneficiaries are subject to the control of, and the trustee's duties are owed exclusively to, the settlor;
- 20 Pa.C.S. § 7754. Actions contesting validity of revocable trust. statute
A person with standing may contest the validity of a revocable trust by petition to the court, filed no later than one year after the trustee gave the notice required by section 7780.3(c), which the court may shorten to…
- 20 Pa.C.S. § 7780.5. Powers of trustees - UTC 815. statute
Text (as amended by Act 64 of 2024): except as the terms of the trust or other provisions of Title 20 provide, a trustee has all the powers over trust property that an unmarried competent owner has over individually…
- 20 Pa.C.S. § 7780.6. Illustrative powers of trustee. statute
The powers a trustee may exercise under § 7780.5 include, among 34 listed powers, receiving additions to trust assets, selling or exchanging real or personal property at public or private sale, leasing, borrowing and…
- 20 Pa.C.S. § 7790.2. Protection of person dealing with trustee - UTC 1012. statute
Unless a person assisting or dealing with a trustee has actual knowledge that the trustee is committing a breach of trust, or knows facts showing the trustee's conduct amounts to bad faith, the person may assume without…
- 20 Pa.C.S. § 7790.3. Certification of trust - UTC 1013. statute
Instead of furnishing the instrument to a person other than a beneficiary, the trustee may furnish a certification stating the trust's existence and execution date, the settlor, the acting trustee's identity and…
- 20 Pa.C.S. § 2515. Devise or bequest to trust statute
A pour-over gift to a trust is valid even if the trust is unfunded, amendable or revocable, and even if it was amended after the will was signed.
- 20 Pa.C.S. § 7703. Definitions - UTC 103. statute
Text (as amended by Act 64 of 2024) of the Uniform Trust Code definitions for Chapter 77, including property (anything that may be the subject of ownership, real or personal, legal or equitable, or any interest in it),…
Texas
- Tex. Prop. Code § 114.087. Trust named as a party statute
Texas text providing that the trustee is considered for all purposes to be the named party to a document that names the trust as a party, unless the trust is a legal entity under state law, effective as of the date of…
- Tex. Prop. Code § 101.001. Conveyance by person designated as trustee statute
Texas text providing that when property is conveyed to a person designated as trustee and the conveyance does not identify a trust or disclose any beneficiary, that person may convey, transfer, or encumber the title…
- Tex. Prop. Code § 112.033. Reservation of interests and powers by settlor. statute
Texas text stating that a lifetime trust creating an interest in another beneficiary is not invalid as an attempted testamentary disposition merely because the settlor reserves a beneficial life interest, the power to…
- Tex. Prop. Code § 113.085. Exercise of powers by multiple trustees statute
Texas text allowing cotrustees to act by majority decision and remaining cotrustees to act when a vacancy occurs, requiring each cotrustee to participate in trustee functions unless unavailable for a listed reason or…
- Tex. Prop. Code § 114.081. Protection of person dealing with trustee statute
Texas text protecting a person who deals with a trustee in good faith and for fair value actually received by the trust from liability to the trustee or beneficiaries if the trustee exceeded its authority.
- Tex. Prop. Code § 114.086. Certification of trust. statute
Texas text on the certification of trust a trustee may provide instead of the instrument, listing its required contents (existence and date of the trust, settlor, acting trustee and address, powers, revocability and who…
- Tex. Civ. Prac. & Rem. Code § 121.004. Method of acknowledgment statute
Texas text requiring the person who signed a writing that is to be acknowledged for recording to appear before an officer and state that the person signed it for the purposes and consideration it expresses, and…
- Tex. Civ. Prac. & Rem. Code § 121.008. Short forms for certificates of acknowledgment statute
Texas text setting out statutory short forms of certificates of acknowledgment, which may be used as alternatives to other authorized forms, including forms for a natural person acting in the person's own right, for an…
- Tex. Est. Code § 254.001. Devises to trustees. statute
Texas text allowing a testator to devise property to the trustee of a trust established during the testator's lifetime or at death, regardless of the existence or size of the corpus, if the trust is identified in the…
- Tex. Prop. Code § 111.0035. Default and mandatory rules; conflict between terms and statute. statute
Texas text stating that the terms of a trust prevail over the Trust Code except for the listed matters the terms may not limit, including section 112.031, the exculpation limits of section 114.007, limitation periods,…
Virginia
- Virginia Code § 64.2-750. Capacity of settlor of revocable trust. statute
Virginia text stating that the capacity required to create, amend, revoke or add property to a revocable trust, or to direct its trustee, is the same as that required to make a will.
- Va. Code § 64.2-1622 Authority that requires specific grant; grant of general authority statute
Eight acts are unavailable unless the power of attorney expressly grants them and no other statute, agreement, or instrument bars them: creating, amending, revoking, or terminating an inter vivos trust; making a gift;
- Virginia Code § 55.1-117. Land trusts; beneficiaries not named; no further inquiry by persons dealing with trustee statute
Virginia text: a trust relating to real estate does not fail because no beneficiaries are named in the recorded deed to the trustee or no duties are imposed, a power in the deed to sell, lease, encumber or otherwise…
- Virginia Code § 64.2-751. Revocation or amendment of revocable trust. statute
Virginia text on revocation and amendment: unless the terms expressly provide that the trust is irrevocable the settlor may revoke or amend it, with rules for trusts with more than one settlor, revocation by substantial…
- Virginia Code § 64.2-752. Settlor's powers; powers of withdrawal. statute
Virginia text stating that while a trust is revocable the beneficiaries' rights are subject to the settlor's control, the trustee's duties are owed exclusively to the settlor, and the trustee may follow a settlor…
- Virginia Code § 64.2-753. Limitation on action contesting validity of revocable trust; distribution of trust property. statute
Virginia text on the time to contest a trust that was revocable at the settlor's death (the earlier of two years after death or six months after the trustee's notice with a copy of the instrument) and on the trustee's…
- Virginia Code § 64.2-777. General powers of trustee statute
Virginia text: without court authorization a trustee may exercise the powers conferred by the terms of the trust and, except as the terms limit them, all powers over trust property that an unmarried competent owner has…
- Virginia Code § 64.2-778. Specific powers of trustee statute
Virginia list of specific trustee powers that apply without limiting § 64.2-777, including to collect trust property and accept or reject additions from a settlor or any other person, acquire or sell property, deposit…
- Virginia Code § 64.2-803. Protection of person dealing with trustee statute
Virginia text (Uniform Trust Code): a person other than a beneficiary who in good faith assists or deals for value with a trustee, without knowledge that the trustee is exceeding or improperly exercising its powers, is…
- Virginia Code § 64.2-804. Certification of trust. statute
Virginia text on certification of trust: instead of the instrument the trustee may furnish a certification stating the listed items (existence and date, settlor, current trustee, powers, revocability and who may revoke,…
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Questions attorneys ask
- What does Lawsmith draft for a certification of trust?
- Prove a trust exists and who may act for it, without handing over the trust itself. You start from the matter's documents, describe it in your own words, or answer plain intake questions, and the draft comes back as an editable Word document for your review.
- Which states is the certification of trust offered in?
- All 13 states Lawsmith covers: California, Connecticut, Delaware, District of Columbia, Florida, Maryland, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, Texas and Virginia.
- Where do the citations come from?
- From the statutes, court rules, regulations and forms Lawsmith has saved from each state's government publishers, with the date each text was read and a label saying whether it is the official text. Before writing, the drafter must quote the saved text behind each citation; a citation with no checked quotation reaches you marked for verification.
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- No. Every draft is a first draft for a licensed attorney's review before it is signed, filed or sent. Each citation in it quotes the text Lawsmith has on file or is marked for verification.
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