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A couple of Trust Questions...again.

Posted by jom-CA on August 31, 2003 at 11:41 PM

Hi Ward

Three things:

1) In a typical deal you might do who is the Trustor of the trust? I know that is a simple question but I'm not sure if it should be me or the seller.

2) On the CD I received from your Trust class the "Trust Declaration.pdf" (the basic Revocable Grantor Trust) file seems to refer to "Florida" as the state for the trust. I'm assuming that "California" can replace "Florida" in the text? For example, in section 7) "Powers and Duties of Trustee" makes mention of "Florida Probe Code #16200;16249". Is this correct for California also? If not, do you have an updated ".pdf" file for this?

3) On your Certification of Trust form, section 4) a) and b) "The power of the trustee" when should you mark "YES" or "NO"? I don't quite understand this as it seems the Trustee should always have the power to "sell, convey or exchange" and "encumber the property with a trust deed", shouldn't they?

Thanks

jom


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