Legal Question in Wills and Trusts in Illinois
My parents created a revocable living trust in New Mexico. They both are the grantors and trustees. They signed the trust as grantors and trustees and had it notarized. Both my parents are in a nursing home and their doctor has declared them incapacitated. According to the trust I am the successor trustee if both my parents pass away or are declared incapacitated. I went to their bank to change the address on the one account under the trust and they are giving me a hard time because the notary did not stamp the trust. The notary signed and dated the trust but did not stamp it.
My 2 questions are does a revocable living trust need to be notarized in New Mexico? And is this notarization invalid because the notary did not stamp it? Thank you.
2 Answers from Attorneys
You should make this inquiry to a New Mexico attorney. In Illinois, while trusts are routinely notarized, there is no statutory mandate that requires notarization.
You might also attempt to locate the Notary who signed the attestation on the trust and if he or she is still around, you may be able to get them to provide a stamp or certification.
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