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MSPA

USA
4 Posts

Posted - 12/16/2004 :  11:33:57 AM  Show Profile  Reply with Quote
I have a client where the grantor of the Life Insurance Trust I'm creating is in Florida and the Trustee (sister) is in California. I want to make sure the signing and acknowledgment meets the Florida requirement of grantor/witnesses/notary signing together so testamentary portions of the trust do not fail. In the 5-650 trust the signature block is for both the grantor and trustee with the two witnesses below. The 5-650 asks where the Trustee will be signing then provides notary acknowledgments for the grantor and a second for the Trustee. The wording of the initial signature block has the witnesses acknowledging the grantor and trustee signatures as though the grantor and trustee are signing at the same time. What is your suggestion for handling separate signings by the grantor and trustee. Thank you. Mike

Ronald Lipman

USA
499 Posts

Posted - 12/16/2004 :  1:26:36 PM  Show Profile  Reply with Quote
F.S. 737.111 states:

"737.111 Execution requirements for express trusts.--

(1) The testamentary aspects of a trust defined in s. 731.201(34), are invalid unless the trust instrument is executed by the grantor with the formalities required for the execution of a will."

Therefore, it would seem that only the grantor's signature must be witnessed, not the trustee's signature. I would modify the parts where it says the witnesses were also in the presence of the trustee.

Ronald Lipman

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