Ohio Declaration of Trust
Description
How to fill out Declaration Of Trust?
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FAQ
(A) Personal property may be transferred to a trustee as authorized by section 5804.01 of the Revised Code by executing the necessary written instrument that identifies the personal property transferred and identifies the trustee by name followed by the designation "trustee."
A trust does not need to be witnessed or notarized. Oral trusts are valid in Ohio, subject to the requirement that evidence of such be clear and convincing.
A business trust is hereby declared to be a permitted form of association for the conduct of business in this state. A business trust is a separate unincorporated legal entity, not a partnership, joint venture, joint-stock association, agency, or any other form of entity.
The execution of a valid trust requires that the settlor have capacity and intent to create a trust, the trust must have a definite beneficiary, and a trustee must be designated and given duties to perform. A trust does not need to be witnessed or notarized.
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.
Does a Certificate of Trust need to be recorded? 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.
(E) A trust is not invalid because a person, including, but not limited to, the creator of the trust, is or may become the sole trustee and the sole holder of the present beneficial enjoyment of the corpus of the trust, provided that one or more other persons hold a vested, contingent, or expectant interest relative to ...