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Creating a living trust in Minnesota is finalized when you sign the trust document in front of a notary public and then transfer assets into the name of the trust to finalize the process. A living trust can offer benefits and flexibility that may be an important part of your estate plan.
Create the trust document. You can get help from an attorney or use Willmaker & Trust (see below). Sign the document in front of a notary public. Change the title of any trust property that has a title document?such as your house or car?to reflect that you now own the property as trustee of the trust.
Amendment or revocation of a certificate of trust may be made only by a written instrument executed by the settlor or a trustee of a trust. Amendment or revocation of a certificate of trust is not effective as to a party unless that party has actual notice of the amendment or revocation.
An estate or trust with $600 or more of gross income assignable to Minnesota must file Form M2, Income Tax Return for Estates and Trusts. Filing is required even if the trust is considered a resident trust.
You can create a trust document yourself, but it's recommended to work with an attorney who has experience in estate planning to ensure that your trust document is legally valid and meets your needs.
Minnesota law requires charitable trusts and foundations, with gross assets of $25,000 or more at any time during a taxable year, to register with the Minnesota Attorney General's Office within three months of receiving the trust property.
A Certificate of Trust may need to be recorded in the county that any real property is in. That said, if there's no real property owned by the Trust, there may not be any need to record it.
A trust manages the distribution of your assets. A trust is created by the transfer of property by the owner (sometimes called the ?grantor,? ?donor,? or ?settlor?) to another person (the ?trustee?). A trustee can be a professional with financial knowledge, a relative or friend, or a professional trust company.