Posted by DougO(NM) on February 21, 2000 at 16:53:31:
Recording would void one of the major benefits of trusts, namely privacy. There are no statutory regs that I am aware of that require the registration of a private contract (which is all a trust is)
If you have any concerns about living trusts, it is best to discuss it with an attorney that specializes in estate planning, as this is not an area to mess around with.
Best of Luck
Doug
Posted by Bert G on February 22, 2000 at 14:58:32:
Depends on the state. There are less than a dozen states that have a statute dealing specifically with land trusts. In my state (ND) the statute requires the trust be recorded, but the only penalty for not recording is that the trustee can’t collect a fee. Actually that provision is in the Probate section of the law, not the Trust part.