I got a trust done and mailed a copy of the front page, etc., as needed by the county courthouse. It’s like $10, maybe more, per page to make a change in ownership name at my Montana county courthouse. You can call and ask what they need. My ownership went from me, i.e., Jane A Doe, to Jane R Doe Trust, dated 22 Aug 1996, or whatever your trust says. I am the owner of the trust and executor until I die. Then it states who will execute the trust and who gets what. No probate, no attorneys needed when I die. States my two sons get mineral rights. Also, if you move, send change of address and money for recording. Your receipt will show what page or book, etc., it is on. Courthouse will not give you legal advice but they will tell you what to do to get changes recorded at courthouse. Hope this is helpful.
Great help, thanks. Where do you get blank forms for change?
Thanks for sharing. We are always looking for more information! Good luck.
I’m not an attorney, nor am I familiar with Montana law, but I would be surprised if recording the first page, or a summary of the trust, does anything other than create a public record of the trust. Mineral rights are real property and are usually transferred with a deed or court order (such as probate). Usually, when you set up a trust, all real property has to be deeded into the trust to be owned by the trust.
The original poster needs the attorney who created the trust to explain how it operates, how property gets into the trust, and what needs to happen after her death. An attorney will be needed after death.
Rose you need to get some professional assistance so your mineral properties ownership conforms with your intentions. There are many types of trusts and it can be confusing at times with possibility of multiple documents that are associated for various purposes. The County Clerk Recorder cannot file a portion of a document since it will not meet the filing requirements mandated by the State. Please consider seeking the help of a local professional/attorney to help you. It will cost for their services, but you will feel better knowing your intentions are turned to actuality. Good luck.
Rose, Ventura and Jimmy, if you believe that recording the front page of a trust will act as a conveyance of the mineral rights into the Trust, you are sadly mistaken. While you may be glad you were able to do this without legal advice, your heirs will find out that you didn’t accomplish anything. But if you don’t want to seek legal advice, you may want to consider doing your own dental work in the future.
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