Texas
Grantor Trust
You can hire a lawyer to create a Grantor Trust for you, or you can purchase a fill in the blank Grantor Trust template from any number of online legal forms websites.
You arrange to have two witnesses age 18 or older that aren’t mentioned in your Grantor Trust physically present at the time of your Grantor Trust signing. Both witnesses must have a valid (can’t be expired) U.S government ID to show the Texas notary public.
You contact Mobile Austin Notary to schedule a date, time, and location to have one of our mobile Texas notaries travel to you and be physically present at your Grantor Trust signing.
The signors of the Grantor Trust must present a valid (can’t be expired) U.S government photo ID to the Texas notary public. Then sign the Grantor Trust physically in front of both the Texas notary public and the two witnesses to legally execute the Grantor Trust in Texas.
Grantor
Trust Texas
A grantor trust is a type of revocable living trust when the grantor is alive. A grantor’s trust is one in which the grantor, creates the trust and is the owner of the assets and property for income and estate tax purposes. If a grantor retains certain powers over or benefits in a trust, the income of the trust will be taxed to the grantor, rather than to the trust.
Texas Requirements
To Execute A
Grantor Trust
Age
The testator (the person or people who will be signing the Grantor Trust) must be at least 18 years old with one of these valid (can’t be expired) U.S government forms of photo identification which can be a U.S driver’s license, U.S passport, U.S state identification card, U.S License To Carry (LTC) card, or a U.S military/uniformed services ID card) to show a Texas notary public.
Capacity
The testator must be of sound mind (be fully conscious and lucid as well as capable of reasoning and making autonomous decisions), not be forced or deceived into signing the Grantor Trust, and have the intention to pass on property at death.
It’s ok if someone, because of injury, trauma, or illness, can’t physically sign their full legal name. A personal mark of some sort made by the testator in front of a Texas notary public will legally suffice in extreme physical impairment situations.
Signature
A Grantor Trust must be signed by the testator or another person at his or her direction and in his or her presence.
Witnesses
A Grantor Trust, by Texas law, must be attested by two witnesses (the notary public cannot legally be one of the two witnesses in Texas) that are at least 18 years old and are considered non-interested third parties.
Meaning the two witnesses cannot be a named beneficiary, be married or directly related to a beneficiary or be mentioned in any capacity in the Grantor Trust they are witnessing.
Witnesses must have a valid (can’t be expired) U.S government photo identification card which can be a U.S driver’s license, U.S passport (it cannot be a foreign passport or Visa), U.S state identification card (any U.S state), License To Carry (LTC) or a U.S military photo ID card to show a Texas notary public and they must sign in the presence of the testator.
Texas Notary Public
In the State of Texas a licensed Texas notary public must be present at a Grantor Trust signing to verify the identities of all parties (Trust signors and the two adult witnesses) involved and witness the testator signing all the legal document paperwork that is included in the Grantor Trust.
It is extremely important to make some type of Will or a Trust if you want to control the distribution of your estate.
If you die before you make a Texas Will or Texas Trust you are said to have died “intestate”, and your property will be distributed according to strict Texas probate laws.
Mobile Austin Notary always recommends to consult with a lawyer, certified public accountant, and/or an estate, probate, or financial planner before you try to create or execute a Texas Grantor Trust for your family, business or for yourself.
• Irrevocable Living Trust
• Joint Will
• Land Trust
• Living Will
• Marital Trust
• Medicaid Trust
• Minor’s Trust
• Mirror Will
• Mutual Will
• Offshore Asset Protection Trust
• Oral Nuncupative Will
• Pooled Trust
• Pour Over Will
• Qualified Personal Residence Trust
• Qualified Terminable Interest Property Trust
Disclaimer: The content on this page and website is only intended to be used as general legal terminology, research, and definition information.
It is not to be considered by anyone to be financial, accounting, estate and probate planning, legal advice or legal consultation in any shape or form.
