Q: Trust was not properly notarized, is it valid?
We have an irrevocable trust in New York state from 2012. This was created as part of a larger estate planning that included wills, health care proxies and two trusts. Everything else was properly notarized except this one trust. It is signed by the grantors, however where the grantors signed is missing a notary stamp/signature. Is this completely invalidated? There are no other witness signatures on the trust, only the trustees who are also the beneficiaries. How can this be fixed. Property is already deeded into the name of the trust. The grantors, beneficiaries and trustee are all still living. We want to sell the property in the trust and invest in new property. How can this issue be resolved.
A: If the signature was not notarized or properly witnessed, the trust may be invalid. However, there are provisions in the law that may be used to correct deficiencies or allow for decanting into a new trust. You should have the trust agreement reviewed by an Estate Planning Attorney.
A: You say the creator(s) of the trust are still alive. That means they can do the notarization now, today, assuming they still have mental capacity. That should solve the problem completely.
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