Roseburg, OR asked in Estate Planning for Oregon

Q: Is an Affidavit of trust the same as a Cetificate of trust?

Dad passed away and he had a trust. He and mom were in memory care for years and went through all of their savings and were on Medicaid their last years. All they have left now is about $1,400 in a checking account. I am trustee of their trust but the bank won't let me take the money without a Certificate of trust which their trust does not have. It has an Affidavit of trust. This is all of the money they have left. We had to pay for most of the funeral. I was hoping that the $1400 might pay us back a little bit for the funeral. The bank told me I should go to an attorney and get a certificat of trust but they have all of the info that would be on the certificate in the trust! What can I do?

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1 Lawyer Answer
Theressa Hollis
Theressa Hollis
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Yes, they are the same but your parents' Affidavit of Trust is no longer accurate because you are the Trustee. I agree that paying for an hour of time from an attorney will solve your problem, however, be sure to speak with an attorney who understand Medicaid Estate Recovery.

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