Upshur County Memorandum of Trust Forms (West Virginia)

Form Package

Memorandum of Trust

State

West Virginia

Area

Upshur County

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$27.97

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Included Forms

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

Included Supplemental Documents

The following West Virginia and Upshur County supplemental forms are included as a courtesy with your order.

Frequently Asked Questions:

Areas Covered by These Memorandum of Trust Forms:

• Upshur County

Including:

• Adrian
• Buckhannon
• Cleveland
• French Creek
• Frenchton
• Kanawha Head
• Lorentz
• Rock Cave
• Selbyville
• Tallmansville

What is the West Virginia Memorandum of Trust

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)

Our Promise

The documents you receive here will meet, or exceed, the Upshur 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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