[AZ] Who should I put down as the settlor on a certificate of trust?
Question 2 pertains to the SETTLOR(S) section. It was established by one individual, and it was her trust that established the personal asset trust of another individual and passed assets to it.
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For your first question regarding the date:
When creating a Certificate of Trust, it is typically important to use the date when the trust was actually created, which in this case is 10/05/2010.
The Certificate of Trust is a document that certifies the existence of the trust and provides an overview of its provisions. The document should reflect the trust's original creation date, as this will align with the official records associated with the trust.
For your second question, regarding the Settlor(s) section:
It is important to accurately represent the person who created the trust (AZ Rev Stat § 14-11013(A)). Since you mentioned that one individual established the personal asset trust named after another individual and passed assets to it, you would indicate the individual who established the trust as the Settlor in the Certificate of Trust.
Even if this individual is deceased, you should still indicate them as the Settlor, since they established the trust when they were alive.
If the person for whom the trust was named is the beneficiary or another related party, make sure their role is also clarified appropriately in the document.
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Hi, I am trying to create a Certificate of Trust. I have two questions.
I understand you're looking to create a Certificate of Trust. Have you already gathered all the necessary information for the trust?
Yes. My first question pertains to the text where the trust was recorded. It was established in California on 10/05/2010. Should I set today’s date or the 10/05/2010 date?
Are you familiar with the specific requirements and legalities involved in creating a Certificate of Trust in your state?
Question 2 pertains to the SETTLOR(S) section. It was established by one individual, and it was her trust that established the personal asset trust of another individual and passed assets to it.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your trust creation.
I live in Arizona.
Greetings! I hope this message finds you well. Thank you for choosing AskaLawyer as your legal assistance provider. My name is Angelo, and I'm an experienced and licensed attorney with over 40+ years of practice in the field of Law.
For your first question regarding the date:
When creating a Certificate of Trust, it is typically important to use the date when the trust was actually created, which in this case is 10/05/2010.
The Certificate of Trust is a document that certifies the existence of the trust and provides an overview of its provisions. The document should reflect the trust's original creation date, as this will align with the official records associated with the trust.
For your second question, regarding the Settlor(s) section:
It is important to accurately represent the person who created the trust (AZ Rev Stat § 14-11013(A)). Since you mentioned that one individual established the personal asset trust named after another individual and passed assets to it, you would indicate the individual who established the trust as the Settlor in the Certificate of Trust.
Even if this individual is deceased, you should still indicate them as the Settlor, since they established the trust when they were alive.
If the person for whom the trust was named is the beneficiary or another related party, make sure their role is also clarified appropriately in the document.
I hope I was able to help you and answer all of your questions and concerns. Is there any part of my response that you need clarification on or any further information? Did you have any other questions on this subject for me today?
The Settlor is deceased. What address do I put on the Certificate?
If the Settlor is deceased, you would still use their name as the Settlor in the Certificate of Trust, as the trust was established by them while they were alive.
As for the address to include, you should use the address that was associated with the trust at the time it was created.
If you're unsure, it may be the address where the Settlor resided when the trust was established, or you can use the address of the trustee or another relevant address for the trust.
If the trust has since been transferred or updated, and a different address is currently associated with it, you could use the address of the trustee or the current administrative location of the trust. Take care!
Thank you. Do I need to register/send the Certificate of Trust to Los Angeles County?
In most cases, you do not need to file or register the Certificate of Trust with a county office like the one in Los Angeles.
The Certificate of Trust is typically used to prove the existence of the trust and the authority of the trustee to manage trust assets, but it’s generally not required to be filed with the county or any public records office unless it’s related to specific transactions, such as transferring real property.
However, if the trust involves real estate transactions in Los Angeles County or any other location, you may need to record the trust document or a copy of the Certificate of Trust with the County Recorder's Office as part of transferring property titles.
This is especially true when the trust owns real property that needs to be transferred to a new owner or when you are transferring property from the trust to the beneficiaries.
Thank you.
You’re very welcome! Thank you so much and Happy New Year to you and your extended family!!
