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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Declaration vs Deed Posted by Troy on November 08, 2001 at 9:32 PM Ward, our new baby boy is doing great and mom and dad are getting back on track (I think). So, to pick up where we left off I wanted to get back to you on the page/paragraphs in Dacey's book describing the difference between a "deed" of trust and a "declaration" of trust. On page 474 there is a diagram of a wheel with spokes and a hub. This wheel is intended to symbolize an "estate plan". There is a description under this wheel and it's in this description that my questions originate: Can a "Declaration of Trust" serve as my family's Living Trust, or does only a "Deed of Trust" work for such a thing. Also, on page 515, under the instructions for filling out the deed of trust, in instruction #2 there is a paranthetical statement that differentiates between a "deed" and a "declaration". Also, in instruction #2 Mr. Dacey states that the intention of the "declaration" is to ensure that assets transfer directly to the Living/Family Trust withOUT going to probate. AND ... that this Living Trust is a "deed" of trust. Now, my question is: Can the Living/Family Trust be a "declaration of trust", or does the Family Trust always have to be a "deed of trust". The reason I ask is because I would like to fill out the "Declaration of Trust" in Chapter 26 for my Family/Living Trust, and I want to make sure that even though it is a "Declaration", and not a "Deed", I'm in the clear. Basically, Mr. Dacey seems to say that Declarations of Trust move an asset in to a person's Living Trust (which is a Deed of Trust), but then he seems to indicate in Chapters 26 and 26 that a Living Trust can also be a Declaration of Trust as well. Thanks for any clarification you can provide, and I'm certainly open to any suggestions. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : Ward, our new baby boy is doing great and mom and dad are getting back on track (I think). So, to pick up where we left off I wanted to get back to you on the page/paragraphs in Dacey's book describing the difference between a "deed" of trust and a "declaration" of trust. : On page 474 there is a diagram of a wheel with spokes and a hub. This wheel is intended to symbolize an "estate plan". There is a description under this wheel and it's in this description that my questions originate: Can a "Declaration of Trust" serve as my family's Living Trust, or does only a "Deed of Trust" work for such a thing. : Also, on page 515, under the instructions for filling out the deed of trust, in instruction #2 there is a paranthetical statement that differentiates between a "deed" and a "declaration". Also, in instruction #2 Mr. Dacey states that the intention of the "declaration" is to ensure that assets transfer directly to the Living/Family Trust withOUT going to probate. AND ... that this Living Trust is a "deed" of trust. : Now, my question is: Can the Living/Family Trust be a "declaration of trust", or does the Family Trust always have to be a "deed of trust". The reason I ask is because I would like to fill out the "Declaration of Trust" in Chapter 26 for my Family/Living Trust, and I want to make sure that even though it is a "Declaration", and not a "Deed", I'm in the clear. : Basically, Mr. Dacey seems to say that Declarations of Trust move an asset in to a person's Living Trust (which is a Deed of Trust), but then he seems to indicate in Chapters 26 and 26 that a Living Trust can also be a Declaration of Trust as well. : Thanks for any clarification you can provide, and I'm certainly open to any suggestions. 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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