Wayne County Memorandum of Trust Form

Wayne County Memorandum of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.

Wayne County Memorandum of Trust Guide
Line by line guide explaining every blank on the form.

Wayne County Completed Example of the Memorandum of Trust Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional West Virginia and Wayne County documents included at no extra charge:
Where to Record Your Documents
Wayne County Clerk
Wayne, West Virginia 25570
Hours: 8:00 to 4:00 M-W, F; Th until 7:00
Phone: (304) 272-6362
Recording Tips for Wayne County:
- Ask if they accept credit cards - many offices are cash/check only
- Recording fees may differ from what's posted online - verify current rates
- Avoid the last business day of the month when possible
- Leave recording info boxes blank - the office fills these
Cities and Jurisdictions in Wayne County
Properties in any of these areas use Wayne County forms:
- Ceredo
- Crum
- Dunlow
- East Lynn
- Fort Gay
- Genoa
- Huntington
- Kenova
- Kiahsville
- Lavalette
- Prichard
- Shoals
- Wayne
- Wilsondale
Hours, fees, requirements, and more for Wayne County
How do I get my forms?
Forms are available for immediate download after payment. The Wayne County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Wayne County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Wayne County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Wayne County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Wayne County?
Recording fees in Wayne County vary. Contact the recorder's office at (304) 272-6362 for current fees.
Questions answered? Let's get started!
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 Wayne County to use these forms. Documents should be recorded at the office below.
This Memorandum of Trust meets all recording requirements specific to Wayne County.
Our Promise
The documents you receive here will meet, or exceed, the Wayne 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
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March 14th, 2019
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