In most states a certificate or memorandum of a trust agreement which conveys or entrusts an interest in real property may be recorded with the land records clerk of the appropriate county in lieu of the entire trust agreement. The certificate must be executed by the trustee and it must contain the following: (a) the name of the trust; (b) the street and mailing address of the office, and the name and street and mailing address of the trustee; (c) the name and street and mailing address of the trustor or grantor; (d) a legally sufficient description of all interests in real property owned by or conveyed to the trust; (e) the anticipated date of termination of the trust; and (f) the general powers granted to the trustee.
The New York Certificate or Memorandum of Trust Agreement is a legal document that outlines the specific details and terms of a trust established under New York law. This agreement is used to provide transparency and clarity regarding the rights, obligations, and powers of the trust's settler, trustee(s), and beneficiaries. The purpose of the Certificate or Memorandum of Trust Agreement is to prove the existence of the trust and, in many cases, to allow the settler to maintain privacy by not disclosing the full trust agreement. It serves as a summary of the trust, allowing interested parties to review key provisions without revealing sensitive information. In New York, there are different types of Certificates or Memoranda of Trust Agreements, depending on the specific trust arrangement. These types include: 1. Revocable Living Trust Agreement: This type of trust allows the settler to maintain control over the trust assets during their lifetime. It can be modified or revoked at any time until the settler's death. 2. Irrevocable Living Trust Agreement: In this type of trust, the settler transfers ownership of assets to the trust, relinquishing control and making it difficult to modify or revoke the trust. It provides estate planning benefits such as asset protection and potential tax advantages. 3. Testamentary Trust Agreement: This type of trust is established within a person's last will and testament and only goes into effect upon the person's death. It allows the distribution of assets to be controlled and managed according to the settler's wishes. 4. Supplemental Needs Trust Agreement: This trust type is designed to protect the assets of individuals with disabilities while allowing them to remain eligible for government assistance programs. It helps to provide for the beneficiary's additional needs beyond the support provided by public benefits. The New York Certificate or Memorandum of Trust Agreement typically includes important information, such as the name and purpose of the trust, the names of the settler(s), trustee(s), and beneficiaries, as well as their respective roles and responsibilities. It also outlines how the trust assets will be managed, invested, distributed, and terminated. Additionally, it may include provisions regarding any special considerations, such as provisions for minors or individuals with special needs. It is important to consult with a qualified attorney experienced in trust law to create a Certificate or Memorandum of Trust Agreement that complies with New York state laws and meets the specific needs of the settler and beneficiaries.
