Berkeley County Memorandum of Trust Form

Additional West Virginia and Berkeley County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Berkeley County

Properties in any of these areas use Berkeley County forms:

• Bunker Hill
• Falling Waters
• Gerrardstown
• Glengary
• Hedgesville
• Inwood
• Martinsburg
• Ridgeway

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The memorandum of trust, codified under the Estates and Trusts chapter of the West Virginia Code at 36-1-4a is executed jointly by all acting trustees and living settlors of a trust. It is recorded in the land records with an acquisition and/or conveyance of real property by a trust in order to maintain a clear account for potential title examinations.

A memorandum contains a statement that the trust exists and the date of the trust; the names of each settlor, current trustee, and successor trustee; the conditions under which the successor assumes trustee powers; and whether or not the trust is revocable. The form also requires a verbatim accounting of the trustee's powers "relative to the acquisition, sale, disposition, or encumbering of real property ... or the conveyance or disposition of real property," depending on the situation, and any restrictions on those powers (W. Va. Code 36-1-4a(a)(2)(iv)). Due to the nature of the transaction for which the memorandum is recorded, a legal description of the subject property is also required. The memorandum may also include the entire text "of any or all of the provisions of the trust" ( 36-1-4a(b)).

Each case is unique, so contact an attorney with questions about this form or anything else relating to trusts in West Virginia.

(West Virginia MOT Package includes form, guidelines, and completed example)

Important: Your property must be located in Berkeley County to use these forms. Documents should be recorded at the county recording office listed above.

This Memorandum of Trust meets all recording requirements specific to Berkeley County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Berkeley County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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