Legal Question in Wills and Trusts in Missouri
"Mechanics" of creating a trust
I have created a living/revocable/unfunded trust and also a pourover will that I am confident in. I have had them witnessed, notarized, and signed. My question is, in my state, Missouri, do I need to "register" the living trust in any other manner to make it "legal"?
Put another way, in order to use the trust as secondary beneficiary (spouse as primary) on life insurance, mutual funds, etc. is there anything else that I need to do?
1 Answer from Attorneys
Re: Trust Creation Mechanics
The first question concerns who created the trust document. If it wasn't created by an experienced trust lawyer then it should be reviewed by one. If you created it yourself you may have inadvertently created traps for you family.
Second, some states have laws requiring trust registration. You should consult with an experienced trust lawyer in your state. You should also have a Trust Affidavit created. This document is extremely useful in proving the existence of an unregistered trust to an insurance company or the like.
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