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Doing my Trust. Quick Question.

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  • The Pitt

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    I dont know if anybody knows this or can point me in the correct direction but figured it couldnt hurt to ask.

    Im setting up a trust and want to add a family member, who is currently out of state, as the successor trustee. It is my understanding that both the successor and the primary trustee are going to need to sign the document, in most places. Does the successor have to be available in person when Im with the notary? Or is it ok for them to sign it and then I have it notarized when I sign it? Maybe have their signature notarized and then sent to me and then I have mine notarized separately?

    Thanks for the help.
     

    Gravity3694

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    The only party who must sign on the trust and affidavit is the grantor (you). You then require two witnesses and a notary. The notary may serve as one witness.

    Also as a FYI, having a successor trustee out of state, while ok for trust purposes would incur a NFA transfer due to being out of state. You can't transfer a firearm or NFA item to someone who's not a resident of your state. In state successor trustees do not require a NFA transfer since it is handled within the auspices of the trust as a probate law issue.
     

    Z28931

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    You said " currently" out of that state. Does that mean that he/she is out of town on business or vacation? Or do they reside in a state that isn't the same as yours?
     

    The Pitt

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    Thanks for the answer. Now that I have my trust in hand I could have answered that myself, HA.

    One more question though... In the state of Florida do I need to file this with the county? I didnt see anything that specified in the FL statues that I read...
     
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