Legal Question in Wills and Trusts in California

Validity of Trust

My Dad set up an Irrevocable Trust. He was the creator and the sole Trustee. There are 3 bank accounts & one real estate property in the Trust. He signed the Trust & gave a copy to me (I'm successor Trustee). His signature was not notorize or witnessed. Is it a valid Trust? Is it valid for IRS tax purposes.

Thanks for your input. GREAT site!


Asked on 10/26/02, 12:25 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Validity of Trust

California law requires documents, including trusts, dealing with real estate to be notarized, so the trust may not be valid regarding real estate. Also, he'll have a lot more problems with banks and brokerage houses if it isn't notarized, so this definitely should be done.

I'd also recommend it be reviewed by a lawyer, as the problems with do-it-yourself trusts or paralegal trusts aren't found until it's too late to fix them. I realize it may be more difficult to convince him in this area, but at least the notarization should be taken care of as soon as possible.

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Answered on 10/28/02, 12:31 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Validity of Trust

This is probably not a valit trust.

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Answered on 10/26/02, 2:37 pm


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