[OR] [OR] Does an attorney need to review a notarized certificate of trust?
Hi, my husband passed away last Sunday and the bank is requesting a new certificate of trust since the last one was in 2001. We have a living trust and I filled in the grantor with myself and my husband as grantors as stated in our trust. Do I just need to have it notarized and take it back to the bank, or do I need to take it to my attorney? Thanks for your help.
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I’m very sorry for your loss. I can help clarify.
In Oregon, banks often request a Certificate of Trust instead of the full trust (ORS 130.860). The certificate verifies the trust’s existence, trustees, grantors, and trustee powers.
- Notarization: Yes, it generally must be notarized (ORS 194.280).
- Attorney Review: The bank may accept a notarized certificate, but with updates (address, tax ID, death of a grantor), attorney review is wise.
- Timing: You can prepare and notarize it now, but the bank may wait for attorney confirmation.
Make sure the certificate reflects your husband's passing and that you are the acting trustee if the trust provides that.
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Hi, my husband passed away last Sunday and the bank is requesting a new certificate of trust since the last one was in 2001. We have a living trust and I filled in the grantor with myself and my husband as grantors as stated in our trust. Do I just need to have it notarized and take it back to the bank, or do I need to take it to my attorney? Thanks for your help.
I'm so sorry for your loss; that must be incredibly difficult. Have you already contacted your attorney regarding the trust and the bank’s request?
I have an appointment on Nov. 4, but I'm trying to get it done before then. I believe he will look at the certificate before then.
Is there a specific reason the bank is requesting a new certificate, such as policy changes or updates to the trust?
Address change and my husband's taxpayer identification, which I changed to mine now but left everything as is.
Is there anything else the lawyer should know?
I will wait.
Hello, it’s a pleasure to connect. Can you confirm your state so I can address your question properly?
Oregon, thank you.
I’m very sorry for your loss. I can help clarify.
In Oregon, banks often request a Certificate of Trust instead of the full trust (ORS 130.860). The certificate verifies the trust’s existence, trustees, grantors, and trustee powers.
- Notarization: Yes, it generally must be notarized (ORS 194.280).
- Attorney Review: The bank may accept a notarized certificate, but with updates (address, tax ID, death of a grantor), attorney review is wise.
- Timing: You can prepare and notarize it now, but the bank may wait for attorney confirmation.
Make sure the certificate reflects your husband's passing and that you are the acting trustee if the trust provides that.
Awesome, thank you. I'm hoping to see my attorney before that because of the bank’s request. I appreciate the response.
You’re welcome. Has that addressed your question?
Yes, thank you.
Fantastic. I’ll mark this completed. Have a wonderful day!
Hammad S. Esq.
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