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Ohio Memorandum of Trust

Ohio Memorandum of Trust

Under O.R.C. 5301.255, the memorandum of trust is a document that certifies a trustee has the authority to act on behalf of an existing trust. The trustee is the person or entity who holds title to a trust's assets on behalf of a settlor. A trustee might furnish a memorandum of trust upon the request of a lending institution or other third party in lieu of the trust document.

The memorandum is an abstract of the trust document, containing only relevant information about the trust, such as the identity and powers or restriction of powers of the trustee relative to real property, the name of the trust's settlor, and the name and date of the trust. The identity of any party having a beneficial interest in the trust is not disclosed. The memorandum might also quote relevant sections of the trust document directly.

Like all recorded documents concerning real property, the memorandum must also contain a legal description of the real property subject to the trust, the property's parcel identification number, and information about the prior deed granting title to the trustee. The document is executed and acknowledged by the trustee in front of a notary before it is recorded in the county wherein the real property subject to the trust is located. In special cases, such as with a disclosed but unrecorded trust in the State of Ohio, the memorandum is executed by the settlor and the trustee together, attested by witnesses, and acknowledged by the settlor and trustee.

Deeds.com Ohio Memorandum of Trust Forms Have Been Updated as Recently as Thursday March 25, 2021

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Robert D. said: These forms made it so easy to update the property deed and the instructions and sample filled out form were most helpful. You might want to add some brief information on when or why to use the Acknowledgment in Individual Capacity notary form. In my case the notary was required to use it but also filled in the brief notarize section on the Affidavit as well. She said the one on the Affidavit had some value because it showed she had witnessed the my signature. But this was only after I suggested both be filled in as she initially thought to just strike through it and just use the Acknowledgment in Individual Capacity form.

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Ohio Memorandum of Trust Form