Yesterday, a client of mine asked me whether a revocable living trust agreement (hereinafter referred to as "living trust agreement") must be recorded. The answer is "No" and I would recommend that a living trust agreement is not recorded. A revocable living trust or otherwise known as living trust (hereinafter "Living Trust") is a legal entity created under law, which authorizes an entity to be created that is distinct from its' creator. A living trust is revocable, may be altered, or amended. A living trust is similar to a will in some respects because it distributes your property upon your death or incapacity.
A living trust is a private document unlike a will. A will is public information and any and everybody may review it. A living trust is private and typically is kept in your safety deposit box. Privacy is important to eliminate fights because wills are fought against because an attorney can review the contents and destroy the will.
Sean Robertson, Esq.
Robertson Law Group, LLC
(312) 498-6080 or (630) 364-2318
RobertsonLawGroup@gmail.com
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