Why register my Living Trust - Living trust records are kept confidential until settlor register it. No penalties for failing to register your living trust

Why register my Living Trust

When you create a living trust your records are kept confidential until you register.
 
Most states do not require a settlor to register a living trust unless a real estate is involved in the trust and you need to transfer a deed of realty to trust.
 
Around the country there are local probate courts that require the trustee to register. But there is no enforcement of these rules and no penalties or consequences. So it remains up to you, what you want to do.

The court has no power over the administration of the trust, unless there is a problem. If after someone dies and a beneficiary disagrees with the way the assets were distributed, it will be handled by the courts. The results are the same, if you dont register. The court will handle any disagreements that arise and settle it according to the laws of that state. If the state law demands that a trustee register a trust, and the trustee refuses or simply forgets, the trustee can be removed.

When you register your living trust you are not required to place the entire document on file. You will have to answer basic questions revealing who is the trustee and some other questions (Example Below). Once it is completed it will have to be filed with the court where the trustee lives or the trust records are kept.

• The grantors name
• The original trustees Name
• The trusteeships acknowledgment
• The trust document date

Documents will vary state to state, but it is generally a simple form. You can only register your living trust in one state at a time. Below is a list of states that provide for registration of Living Trusts.

Alaska
Colorado
Florida
Hawaii
Idaho
Maine
Michigan
Nebraska (not mandatory)
New Mexico
North Dakota

The other states have no requirements

Remember that there are no penalties for failing to register your living trust; which means, in effect, registration of a trust in the above states is an optional requirement.

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Please read more related legal information:
Living Trust Legal Information
Living Trust Frequently Asked Questions