West Virginia - Upshur County Memorandum of Trust Forms

Included Forms

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

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Included Supplemental Documents

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

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Declaration of Consideration (West Virginia Document)

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Sales Listing Form (West Virginia Document)

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Instructions for Sales Listing Form (West Virginia Document)

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Certificate of Acknowledgment - Individual (West Virginia Document)

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Certificate of Acknowledgment - Representative (West Virginia Document)

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Verification of an Oath - Jurat (West Virginia Document)

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Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by West Virginia or Upshur 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.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Upshur County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Upshur 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.
• 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 Upshur County that you need to transfer you would only need to order our forms once for all of your properties in Upshur County.
• Are these forms guaranteed to be recordable in Upshur County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Upshur County including margin requirements, content requirements, font and font size requirements.
• 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.
• 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.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

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.

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.

Save Time and Money

Get your Upshur 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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