La Mirada, CA asked in Estate Planning for California

Q: My spouse and I had a simple (restated) spousal trust designed to continue. She died, do I need a new Cert. of Trust?

Attorney prepared Memorandum of Trust with original Declaration of Trust in 2001. Trust was restated in 2013 (but not the Memorandum). I would like to have Document to give to financial institutions so as to not have to fill out a new Certification for each one.

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1 Lawyer Answer
Thomas E. Rossmeissl
Thomas E. Rossmeissl
  • Estate Planning Lawyer
  • Los Gatos, CA
  • Licensed in California

A: If there has been a change in the trust name, or a change in the trustee, you will likely need a new certification off trust. The attorney who assisted you should be able to prepare it fairly easily. The other option is to complete whatever certification forms provided by the financial institutions themselves.

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