DATE:

07/26/06

SUBJECT/TOPIC:

TRUSTEE ACKNOWLEDGEMENTS

  Q:

When a trustee or executor is conveying real property, which is the correct acknowledgment? It seems that some attorneys use the individual acknowledgment (personally appeared before me, John Smith, Trustee of the ABC Living Trust, the bargainor, known to me . . . .), while others use the all purpose or corporate acknowledgement. Thank you.

 

  A:

Thank you for your question. I think the individual form should be used for an individual trustee. A trust isn't an entity. Given last year's amendment to the acknowledgment statute, though, it may not matter anymore.

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