Memorandum of Trust Form - Hamilton County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 8/1/2018
Completed Example of the Memorandum of Trust Document - Hamilton County
Example of a properly completed form for reference.
Included document last updated 7/23/2018
*Ohio and Hamilton County supplemental forms are included as a courtesy with your order.
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.
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