Revocable trust amendment notarized by a Commissioner Of Deeds?

Asked over 1 year ago - 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!

Additional information

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. Jayson Lutzky

    Pro

    Contributor Level 20

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    Answered . 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.

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  2. Matthew Erik Johnson

    Contributor Level 17

    5

    Lawyers agree

    Answered . 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... more
  3. Maria C. Tebano

    Contributor Level 15

    3

    Lawyers agree

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

  4. Sharon Melissa Siegel

    Pro

    Contributor Level 14

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    Answered . 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.

  5. Eric Jerome Gold

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . 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... more

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