Legal Question in Wills and Trusts in New York

Living Trusts

Hi, is there a difference between an Affidavit of Trust and a Certificate of Trust in relation to Living Trusts? The former seems to include pages as attachments but not the latter.....I'm confused!!


Asked on 7/03/09, 10:30 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Living Trusts

You do not explain the purpose for issuance of the document. Presuming you need the document to open a bank or brokerage account, the Affidavit is used, but pages of the document must also be produced to verify the legitimacy of the trust, its name and who are the trustees. Some entities just need a document giving this information, and this can be done by a Certificate.

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Answered on 7/03/09, 11:30 am
Walter LeVine Walter D. LeVine, Esq.

Re: Living Trusts

Affidavit is usually used to open a bank or brokerage account, and requires certain pages be provided to verify there is a trust, its name and who are the trustees. Certificate usually asks for the same information, but does not need documents to verify the information.

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Answered on 7/03/09, 12:00 pm


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