Franklin County Memorandum of Trust Form (New York)

All Franklin County specific forms and documents listed below are included in your immediate download package:

Memorandum of Trust Form

Franklin County Memorandum of Trust Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Franklin County compliant document last validated/updated 5/14/2024

Completed Example of the Memorandum of Trust

Franklin County Completed Example of the Memorandum of Trust

Line by line guide explaining every blank on the form.
Included Franklin County compliant document last validated/updated 1/31/2024

When using these Memorandum of Trust forms, the subject real estate must be physically located in Franklin County. The executed documents should then be recorded in one of the following offices:

Franklin County Clerk

355 W Main St, Suite 248 / PO Box 70, Malone, New York 12953

Hours: 8:00 am - 4:00 pm Monday through Friday (except Holidays)

Phone: (518) 481-1681 and 1682

Local jurisdictions located in Franklin County include:

  • Bombay
  • Brainardsville
  • Brushton
  • Burke
  • Chateaugay
  • Constable
  • Dickinson Center
  • Fort Covington
  • Gabriels
  • Hogansburg
  • Lake Clear
  • Malone
  • Moira
  • North Bangor
  • Owls Head
  • Paul Smiths
  • Rainbow Lake
  • Saint Regis Falls
  • Saranac Lake
  • Tupper Lake
  • Vermontville
  • Whippleville

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Forms are NOT emailed to you. Immediately after you submit payment, the Franklin County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Franklin County using our eRecording service.
Are these forms guaranteed to be recordable in Franklin County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Franklin County including margin requirements, content requirements, font and font size requirements.

Can the Memorandum of Trust forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Franklin County that you need to transfer you would only need to order our forms once for all of your properties in Franklin County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by New York or Franklin County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Franklin County Memorandum of Trust forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Using a New York Memorandum of Trust

In New York, trustees of personal trusts use a memorandum of trust to certify the existence of a trust and their authority to act on behalf of the trust. The memorandum is used in place of the actual trust document and provides only essential information about the trust for lending institutions or other third parties. In this way, information that may be personal in nature, such as the designated beneficiaries under the trust, is kept confidential.

The memorandum is executed and signed by the grantor of the trust under the trust instrument, as well as the trust's formal name and date of origination. It identifies the trustee and any successor trustees with power to act on behalf of the trust.

The difference between a declaration of trust and a trust agreement, as designated in the memorandum of trust document, is the grantor's relationship to the trustee. If the trustee and the grantor are the same person and the grantor controls trust assets, the trust falls under a declaration of trust. If the grantor and the trustee are separate people and the trustee controls the trust assets, trust is under a trust agreement [1].

The distinction between a declaration of trust and a trust agreement also affects the name by which the trust takes title to real property as a grantee. In the following example, "John Doe," under a declaration of trust, serves as both grantor and trustee: "John Doe, trustee under declaration of trust dated mm/dd/yyyy." Under a trust agreement, the grantor name is included as well: "John Doe under agreement with Robert Grantor dated mm/dd/yyyy" [1].

All recorded documents relating to real property in the State of New York are required to include a physical description of the property, as well as the section, lot, block, and unit numbers.

[1] https://www.treasurydirect.gov/indiv/planning/plan_estate_trustsq_a.pdf

(New York MOT Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Franklin County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Franklin County Memorandum of Trust form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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