Legal Question in Wills and Trusts in Arizona
We set up a living trust with myself and my wife as trustee. It was notarized. Is it legitimate? do we need to file it with any state or county agencies?\n\nThanks
3 Answers from Attorneys
I have not reviewed the trust agreement, but it sounds like that you have properly created a revocable trust (the nick name is a "living trust"). It is a private agreement between you and your spouse and does not need to be recorded or published. You should take steps to protect yourself and your wife in the case of accident or incapacity by setting things up properly and giving the people you trust the legal authority to act on your behalf should the need arise.
No, I think you are good. I don't think anything needs to be recorded. Just keep it in a safe place and preferably a second copy at a locale other than your home, like a safe deposit box.
A living trust does not need to be recorded or filed. Without reviewing the trust document, it sounds as if the trust is valid. However, for the trust to be fully effective you must also transfer ownership of your assets to the trust. Some assets, such as tax deferred accounts shoud NOT (in most cases) be transferred to the trust. Generally, these assets should transfer by beneficiary designation. If, at the time of your death, you have assets that do not transfer automatically, or that are not held in the name of the trust, probate may be required to transfer them to the proper beneficiary. You should consult with an attorney or accountant regarding transfer of your assets. A mistake here can be very costly.