A Living Trust, in its most fundamental sense, is a legal document that enables an individual's assets to smoothly transition to their loved ones or selected beneficiaries upon death, bypassing the often complex and time-consuming probate process. This individual, known as the "trustor", places their assets (which can include real estate, brokerage accounts, etc) into a trust, which they actively control and manage during their lifetime.

When the trustor becomes incapacitated or passes away, the assets stored within the trust are bequeathed to the beneficiaries as per the explicit instructions the trustor had provided within the trust document. This way, the trustor can ensure that their wishes regarding their estate are honored even after they are no longer with us.

Some documents that may be contained in a Trust Package include; Revocable Living Trust, Schedule C or A (Inventory list of assets), Certification of Trust/Abstract of Trust, Pour Over Will, Power of Attorney (Durable, General, and Financial), HIPAA, Advance Healthcare Directive, Property Transfer Deeds, Funding Letter, Guardianship (If minor children), and Special Needs Trust. In addition, there may be other paperwork for the Trustor to complete and keep current including plans for final arrangements, personal data sheets, guides to locate crucial documents, a list of contacts for settling the estate, and instructions for successors in the event of incapacitation or death.

In cases in which at attorney is not present, a notary may orchestrate the appointment which takes place at a time and place convenient for the client. It may be the client’s home or another meeting place that is comfortable and accessible for the client. The notary presents each document, confirms personalized information (named beneficiaries, trustees, etc.) to make sure it is written in alignment with the client’s wishes. The notary may be providing witnessing services (either self, or coordinate another), will collect signatures on documents that require signature but are not notarized, notarizes requirement documents, and may or may not assist with delivering a copy back to the attorney if needed.

An attorney is not always present (however, they are always welcome.) This service can be performed by a Notary either with or without an attorney. A Notary is equipped to perform the document presentation on their own, and will be in communication with the attorney along the way to ensure that questions are answered as needed, all documents are accounted for, and confirm once the process is completed.

Living trusts are living, breathing documents that should be refreshed every 8 to 10 years, or whenever a significant life change takes place. These changes could include the passing or divorce of a spouse, the arrival of new children or grandchildren, modifications to beneficiary shares, or shifts in the agents for healthcare and powers of attorney.

No, but I can refer you to others who specialize in that aspect. In my role as a Notary Public, I can't assist with document preparation, advice or completion. You should reach out to your attorney, the document's source, or the agency providing your documents for guidance.

My role as a Notary becomes relevant after all document-related tasks have been completed and they are ready for signatures. Feel free to reach out when you're ready for notarization.

No, I'm here to help, but I'm not an attorney, so I can't provide legal advice.

I can point you in the right direction of a professional who can help you with the legal aspect. I love connecting people and have a growing list of vetted and trusted allies.

Just ask me for a referral and I will send you some information, or put you in touch with somebody!