Texas Certificate of Amendment to Certificate of Trust of (Name of Trustor)
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How to fill out Certificate Of Amendment To Certificate Of Trust Of (Name Of Trustor)?
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The form may be mailed to P.O. Box 13697, Austin, Texas 78711-3697; faxed to (512) 463-5709; or delivered to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701. If a document is transmitted by fax, credit card information must accompany the transmission (Form 807).
Keep in mind, if you have a Trust with a partner or spouse, you'll both need to sign the Trust Certification for it to be valid. Once it's signed and notarized, you may need to record it through your local county office, especially if the trust owns or plans to sell any real estate.
To amend your corporation in Texas, there is a $150 filing fee required. Expedited service is available for an additional $25.
An estate planning attorney must review the trust to ensure it can be amended. If the trust allows the surviving settlor to amend the trust, the authority to amend it may only be given to the surviving settlor. The mother may be permitted to amend the trust. However, it can't be anyone acting on her behalf.
As long as you are confident that your trust is validly formed in ance with state law, recording is not required nor necessary. However, for extra peace of mind, you may choose to record your Certificate of Trust with the county clerk's office in order to protect it from unauthorized changes or access.
Unlike a corporation, which is required to file a certificate of formation with the Secretary of State, there is no such requirement for a trust. Rather, the trust remains a private document.
Does a Trust Have to be Witnessed and Notarized? To be valid in Texas, a typewritten Will requires the presence of witnesses. However, there is no similar requirement that a Settlor signs a Trust agreement in the presence of witnesses for it to be valid.
Under the Texas Statutes, requirements for creating a trust include that the trustor is of sound mind, the trustee act in the best interest of the beneficiaries, and that some consideration, which means money or property, is included in the trust.
