[WSBAPT] Acknowledgement/Notarization of Trust Documents

[Mark Anderson]

Thanks, Josh.  It is a title company that is being "difficult," saying, "how do we know that the signatures are authentic?"  Hopefully, I can win them over with a bit of charm and common sense.  If they still refuse to accept the document, I am thinking that we can either go to court or to another title company.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Wednesday, July 9, 2025 2:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Acknowledgement/Notarization of Trust Documents

Not according to any law I know of. If some third party refuses to acknowledge it, petition the superior court to confirm the sole trusteeship of Bob. It doesn't need anything other than its own pen and the Clerk's stamp to make such an appointment official! Good luck! Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com/>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>>
Sent: Tuesday, July 8, 2025 6:31:59 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Acknowledgement/Notarization of Trust Documents


Dear All:

A Living Trust is created in 1999 by Husband and Wife who both sign the trust agreement in front of two witnesses.  The signatures of the witnesses are notarized.  Husband and Wife die in 2006, survived by their children, Jane and Bob.  Jane is identified as the Successor Trustee of the Trust.  Jane does not wish to serve as Trustee but wants to designate Bob as the sole Trustee of the Trust.  Bob is willing to serve that capacity.

Jane and Bob memorialize their desires/this agreement in a document entitled "Declination to Serve and Designation of [Brother] as Successor Trustee of [the Trust]."  Both Jane and Bob sign this document.  Their signatures are not notarized or otherwise acknowledged.

Are Jane and Bob's signatures required to be notarized for the "Declination and Designation" document to be effective?

Thanks in advance.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>

CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.


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