Legal Question in Wills and Trusts in California
An elder in the family created a Trust, signed and notarized, in 2012. He did not create a Certificate of Trust for the Recorder's Office, Alameda County, CA. The elder died in 2014. The son is, now, the successor trustee. Is it legal for the son to create the Certificate of Trust (sign/notarize/file) ,for the father's Trust, to be filed with the Alameda County (CA) Recorder's Office?
2 Answers from Attorneys
Yes it is. Assuming the son is now the Trustee of the Trust. Since this is the second question you have presented in this forum and it is clear you do not understand Trust law, you would best be served by contacting a local Trust attorney for help. The cost is far less than the liability for making a mistake.
A new Certification of Trust should be executed whenever there is a change of trustee.
Also, who records Certifications of Trust? An Affidavit of Death of Trustee is recorded to show the change of trustees for real property, and while I suppose you can record a Certification of Trust, I don't know anyone who does it.
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