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Revocable trust amendment notarized by a Commissioner Of Deeds?

New York, NY |

I found an amendment to my dads trust that was notarized by a Commissioner Of Deeds. Does this mean that it was registered somewhere? I have the original notarized copy. Would that mean the amendment was never submitted? Also, does a trust amendment need to be submitted to the attorney who drafted the original trust to be valid, or can it just be presented after the grantor dies as a challenge? Would someone please be kind enough to clarify this. Thanks!

Thank you Jayson. No change to the deed was registered but I guess it doesn't have to be. I read online that any amendment has to be submitted to the trustee, and I know it wasn't. An amendment can still be valid if it wasn't? I'm just afraid a family member got my dad to amend his trust and I wouldn't find out about it until his death.

Attorney Answers 5


  1. A commissioner of deeds is similar to a notary. My secretary is a commissioner of deeds who can notarize paperwork. It does not mean the deed was registered. You would need to check the county register under the block and lot to see if it was registered. Bring the original and the amendment to an experienced real estate lawyer to review. The amendment did not need to be delivered to the attorney who drafted the original trust to be valid.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. Just means the document was properly notarized. It has not necessarily been registered, the two actions are different. An amended trust does not need to be admitted to teh attorney, though some attorneys will store copies for their clients.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC


  3. The notary simply confirms the identify of the signature. It does not mean that the amendment was registered. As for a copy to the original trust drafting attorney, it is not required. As a courtesy, many trust attorneys retain a copy of each trust.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con


  4. No, No and No. Speak to a probate attorney as you really don't have enough facts to fully respond.


  5. The fact that the trust amendment was notarized by a commissioner of deeds does not mean that it was registered. You said you have the "original notarized copy". I assume that you mean that you have the original of the amendment. It would not mean that the trust was not submitted. A trust amendment does not need to be submitted to the original draftsperson. It can be, and often is, presented as a challenge after death.

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