Legal Question in Wills and Trusts in Illinois
Living Trust Notarized
Does an Illinois living trust have to be notarized? A close friend in Chicago whose father just died had a trust prepared in 1990 which was signed but not notarized. When my friend went to the bank, the bank would not accept him as the successor trustee since the trust was not notarized? I am in California and here a trust does not need to be notarized but it is usually a good idea. Does the living trust have to be notarized in Illinois?
3 Answers from Attorneys
Re: Living Trust Notarized
Good morning.
It is not required but it is a good idea, so you can avoid these kinds of challenges to the testator's signature. Was it witnessed by anyone?
Will be happy to discuss any additional questions that your friend or you may have.
Re: Living Trust Notarized
Good morning.
It is not required but it is a good idea, so you can avoid these kinds of challenges to the testator's signature. Was it witnessed by anyone?
Will be happy to discuss any additional questions that your friend or you may have.
Re: Living Trust Notarized
Is the trust dated? Signed and dated is all that is required. But the bank is not being unreasonable. If the bank paid the funds to the trust beneficiary and someonelse came along to contest the validity of the trust the bank could be left holding the bag so to speak.
However, since the decedent's account was at the bank it must have a signature card on file to compare with the one on the trust. Let me know if you want to explore this and other ways to resolve it without going to court.
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