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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Declaration vs Deed Posted by Troy on October 25, 2001 at 1:05 PM Ward, our first child is about to born any day and it's motivated us to execute our Will and create a Family Trust using Mr. Dacey's book, How to Avoid Probate. In creating the Family Trust I've run across a "Declaration of Trust" and a "Deed of Trust" in the book, and I'm getting a little confused about the difference between the two. Mr. Dacey seems to indicatate that all assests, including any Real Estate, should be held in trust, and written "declarations" should be registered for each asset stating the asset belongs in a trust. In this case, he says you would execute a "Declaration of Trust" for each of those assets and then properly register the ownership change with respective parties (lender, bank, life insur, etc.). But, he also says to have a Deed of Trust, or what seems to be a Family Trust, with which all the assets contained in your estate (now registered, or "declared", as belonging in a trust) will pass to the Trustee, or Successor Trustee/Beneficiary, that's named in your Deed of Trust. I'm wondering, in a legal sense what is the difference between the "declaration" that an asset is being held in trust, and the actual "deed of trust" itself? And, can the Family Trust be both a "declaration" ... AND act as the trust itself? Follow Ups: Re: Declaration of trust vs Deed of trust Ward-CA- 8:47 PM, 10/25/01 (1) Declaration vs. Deed Troy 10:09 AM, 11/01/01 (0) Post a Followup: Name : E-Mail : Subject : Comments: : Ward, our first child is about to born any day and it's motivated us to execute our Will and create a Family Trust using Mr. Dacey's book, How to Avoid Probate. In creating the Family Trust I've run across a "Declaration of Trust" and a "Deed of Trust" in the book, and I'm getting a little confused about the difference between the two. : Mr. Dacey seems to indicatate that all assests, including any Real Estate, should be held in trust, and written "declarations" should be registered for each asset stating the asset belongs in a trust. In this case, he says you would execute a "Declaration of Trust" for each of those assets and then properly register the ownership change with respective parties (lender, bank, life insur, etc.). : But, he also says to have a Deed of Trust, or what seems to be a Family Trust, with which all the assets contained in your estate (now registered, or "declared", as belonging in a trust) will pass to the Trustee, or Successor Trustee/Beneficiary, that's named in your Deed of Trust. : I'm wondering, in a legal sense what is the difference between the "declaration" that an asset is being held in trust, and the actual "deed of trust" itself? And, can the Family Trust be both a "declaration" ... AND act as the trust itself? Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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