Benzie County Certificate of Trust MCL 700.7913 Form

Benzie County Michigan Certificate of Trust MCL 700.7913 Form
Fill in the blank form formatted to comply with all recording and content requirements.

Benzie County Certificate of Trust Guidelines
Line by line guide explaining every blank on the form.

Benzie County Completed Example of the Certificate of Trust Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Additional Michigan and Benzie County documents included at no extra charge:
Where to Record Your Documents
Benzie County Register of Deeds
Address:
Government Center - 448 Court Pl, upper level
Beulah, Michigan 49617
Hours: 8:00 to 5:00 M-F
Phone: (231) 882-0016
Recording Tips for Benzie County:
- Documents must be on 8.5 x 11 inch white paper
- White-out or correction fluid may cause rejection
- Request a receipt showing your recording numbers
Cities and Jurisdictions in Benzie County
Properties in any of these areas use Benzie County forms:
- Benzonia
- Beulah
- Elberta
- Frankfort
- Honor
- Lake Ann
- Thompsonville
How do I get my forms?
Forms are available for immediate download after payment. The Benzie County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Benzie County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benzie County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Benzie County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Benzie County?
Recording fees in Benzie County vary. Contact the recorder's office at (231) 882-0016 for current fees.
Have other questions? Contact our support team
New legislation was signed into law in 2018 that, in essence, consolidated the two types of certificates of trust into one, a (Certificate of Trust) and a (Certificate of Trust Existence and Authority). This Certificate of Trust allows those with an interest in real property the necessary information regarding the Trust to help either fund the Trust or allow real property to be transferred with a clear title. A COT provides pertinent/relevant information needed to satisfy title companies and/or banks. When a Trustee wants to sell real property that is part of a trust, a COT will be required at or before the closing.
Pursuant to the current law, a certificate of trust must include:
The name of the trust, the date of the trust, and the date of each operative trust instrument.
The name and address of each current trustee.
The powers of the trustee relating to the purposes for which the certificate of trust is offered.
The revocability or irrevocability of the trust and the identity of any person holding the power to revoke the trust.
The authority of co-trustees to sign on behalf of the trust or otherwise authenticate on behalf of the trust and whether all or less than all co-trustees are required to exercise the trustee powers.
A statement that the trust has not been revoked, modified or amended in any manner that would cause the representations included in the certificate of trust to be incorrect.
The certificate of trust may be signed or otherwise authenticated by the settlor, any trustee (including a successor trustee), or an attorney for the settlor or the trustee.
700.7913 Certificate of trust.
Sec. 7913.
(1) Instead of furnishing a copy of the trust instrument to a person other than a trust beneficiary, the trustee may furnish to the person a certificate of trust that must include all of the following information:
(a) The name of the trust, the date of the trust, and the date of each operative trust instrument.
(b) The name and address of each current trustee.
(c) The powers of the trustee relating to the purposes for which the certificate of trust is being offered.
(d) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust.
(e) The authority of cotrustees to sign on behalf of the trust or otherwise authenticate on behalf of the trust and whether all or less than all of the cotrustees are required to exercise powers of the trustee.
(2) A certificate of trust may be signed or otherwise authenticated by the settlor, any trustee, or an attorney for the settlor or trustee. The certificate must be in the form of an affidavit.
(3) A certificate of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations included in the certificate of trust to be incorrect.
(4) A certificate of trust need not include the dispositive terms of the trust instrument.
(5) A recipient of a certificate of trust may require the trustee to furnish copies of those excerpts from each trust instrument that designate the trustee and confer on the trustee the power to act in the pending transaction.
(6) A person that acts in reliance on a certificate of trust without knowledge that the representations included in the certificate of trust are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the trust and other facts included in the certificate of trust.
(7) A person that in good faith enters into a transaction in reliance on a certificate of trust may enforce the transaction against the trust property as if the representations included in the certificate of trust were correct.
(8) A person that makes a demand for the trust instrument in addition to a certificate of trust or excerpts of the trust instrument is liable for damages, costs, expenses, and legal fees if the court determines that the person that made the demand did not act pursuant to a legal requirement to demand the trust instrument.
(9) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding that concerns the trust.
(Michigan COT Package includes form, guidelines, and completed example) For use in Michigan only.
Important: Your property must be located in Benzie County to use these forms. Documents should be recorded at the office below.
This Certificate of Trust MCL 700.7913 meets all recording requirements specific to Benzie County.
Our Promise
The documents you receive here will meet, or exceed, the Benzie County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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