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What makes a Trust legal?

Laws regarding creating Trusts vary by state. So while we can provide some guidance it’s also important to conduct your own research. That said, in general, the following must be true:


  • Your Trust must be signed by the writer(s) of the Trust, the grantor (s), in the presence of two witnesses, and a notary. Some states only require either two witnesses or a notary but to be thorough it is common practice to do both.

  • All parties including the writer(s) of the Trust, both witnesses, and the notary must be of legal age, of sound mind, and under no pressure to sign the document. Your witnesses must not be mentioned in the Trust.

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