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  1. #11
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    Sep 2020
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    156

    Default Re: Certificate of Trust with Address Change

    Since there is no requirement for any address to be on the Certificate of Trust, it logically follows that it's not very important at all.

  2. #12
    Join Date
    Oct 2016
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    4,298

    Default Re: Certificate of Trust with Address Change

    But IMHO if there is one it would seem to need to be the correct address.

    The entire purpose of the CoT is to show that the person has the authority to act on behalf of the trust without bringing providing the Trust document. If you do get a new CoT I'd get one with no address at all.

  3. #13
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    Sep 2020
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    156

    Default Re: Certificate of Trust with Address Change

    Quote Quoting PayrolGuy
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    But IMHO if there is one it would seem to need to be the correct address.
    I get where you're coming from...but I disagree with the conclusion. If an address is not required, then it doesn't matter what the address is, since it's not used for anything.

    The entire purpose of the CoT is to show that the person has the authority to act on behalf of the trust without bringing providing the Trust document. If you do get a new CoT I'd get one with no address at all.
    This I can agree with...but perhaps worded slightly differently. I would suggest that any new certificate of trust conform to the statutory requirements without any added information.

  4. #14
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    Jul 2018
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    2,713

    Default Re: Certificate of Trust with Address Change

    Quote Quoting jyeh74
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    When the trustee moves to a new address, how important is it for the new mailing address of the trustee to be updated on the Certificate of Trust
    One more time: PC 18100.5 does not require that a certification of trust contain anyone's or anything's address.

    Quote Quoting PayrolGuy
    View Post
    But IMHO if there is one it would seem to need to be the correct address.
    While I agree that, if one is going to put an address on the certification (not certificate) of trust, it ought to be accurate at the time it is made. But a mistake isn't going to invalidate the protection afforded to the third party under the statute.

    Also, certifications of trust are typically provided on a transaction-by-transaction basis. It's not the sort of document that gets updated. It might be helpful if the OP would provide some facts that explain what he/she is concerned about, but he/she seems to be ignoring what I write, so....

  5. #15
    Join Date
    Apr 2011
    Posts
    172

    Default Re: Certificate of Trust with Address Change

    Pg1067, I’m not ignoring you. The certificate of trust has the trustee’s current mailing address along with who can revoke and amend the trust, what date the trust was established on, how title to assets will be taken as, etc. It also has a section that the trustee signs and is notarized by the notary. It sounds from the folks on the forum that usually a certificate of trust isn’t supposed to have a mailing address that shows where the trustee lives. I do not know why it’s listed. My concern is that if the trustee moves to a new address, then the mailing address would technically be old. My question is whether or not trustee would have to someone update the mailing address on the certificate of trust which is in pdf format. I agree that it wouldn’t make sense to have the attorney update it, charge a fee (lawyers don’t do anything for free) and send out a new certificate of trust in pdf format.

  6. #16
    Join Date
    Sep 2020
    Posts
    156

    Default Re: Certificate of Trust with Address Change

    Quote Quoting jyeh74
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    Pg1067, I’m not ignoring you. The certificate of trust has the trustee’s current mailing address along with who can revoke and amend the trust, what date the trust was established on, how title to assets will be taken as, etc. It also has a section that the trustee signs and is notarized by the notary. It sounds from the folks on the forum that usually a certificate of trust isn’t supposed to have a mailing address that shows where the trustee lives. I do not know why it’s listed. My concern is that if the trustee moves to a new address, then the mailing address would technically be old. My question is whether or not trustee would have to someone update the mailing address on the certificate of trust which is in pdf format. I agree that it wouldn’t make sense to have the attorney update it, charge a fee (lawyers don’t do anything for free) and send out a new certificate of trust in pdf format.
    AGAIN, your answer is in post #5.

    Of course, you could generate a new certification with no address which would alleviate your concern.

  7. #17
    Join Date
    Jul 2018
    Posts
    2,713

    Default Re: Certificate of Trust with Address Change

    Quote Quoting jyeh74
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    It sounds from the folks on the forum that usually a certificate of trust isn’t supposed to have a mailing address that shows where the trustee lives.
    It's not "from the folks on the forum." It's from the language of the statute to which I provided a link. And it's not that the certification (not certificate) of trust** "isn't supposed to have a mailing address." It's simply that an address isn't something that the statute requires. There's nothing wrong with it being there, though.

    ** - You never have responded to the following from my response #5 in this thread: "Also, let's clarify what you're talking about because I suspect anyone responding who isn't in California will assume "certificate of trust" refers to the trust instrument. Maybe that's what you meant, although I've never heard of a trust instrument being referred to as a "certificate of trust." Rather, I assume you're talking about a certification of trust pursuant to section 18100.5 of the Probate Code. Please clarify which is correct." This is one of the reasons why, in post #9 in this thread, I wrote that "I asked at least three questions all of which you ignored."


    Quote Quoting jyeh74
    View Post
    My concern is that if the trustee moves to a new address, then the mailing address would technically be old. My question is whether or not trustee would have to someone update the mailing address on the certificate of trust which is in pdf format.
    The answer is that, if a trustee of a trust gives a PC18100.5 certification of trust to a third party, and that certification has the trustee's address, and the trustee's address changes at any point in the future, the trustee has no obligation under PC18100.5 to update the address. There may be some other basis for requiring an update. However, consistent with what I wrote in post #14 in this thread, not updating the address isn't going to invalidate the protection afforded to the third party under PC 18100.5.

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