Aug. 5, 2025
Michigan Trust Owners: Don’t Share Your Whole Trust—Do This Instead
If you're a trustee—or even thinking about creating a trust—this one's for you. Michigan made a quiet but important change in 2018 that most people still don't understand. Here's what the Certificate of Trust does, and why it can save you time, stress, and privacy headaches.
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Well, good afternoon, Michiganders. Welcome back to Tuesday with Tom,
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Michigan's Only podcast, where we talk about estate planning, a
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state settlement, and everything in between. As always, I'm your host,
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Tom Doyle, a state planning attorney, lifelong Michigander and your
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guide to planning for your future. Well, a brief recap
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of the last episode. I talked about estate and gift taxes,
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what changed and what didn't in Trump's Big Beautiful Bills.
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So if you're asking yourself, how has Trump's Big Beautiful
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Bill affected me and my estate plan, please listen to
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the last week last episode where I cover that topic.
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Today's show. Well, if you're a trustee in Michigan or
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you're planning to use a trust as part of your
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state plan, today's episode is a must listen. We're diving
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into Michigan's updated Certificate of Trust law, which has now
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been effected since March of twenty eighteen. This law can
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simplify how you manage your trust, how you protect your privacy,
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and streamline transactions. So we'll break down what you need
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to know. But please remember what I am about to
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discuss is as always for educational purposes only, It is
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not intended to be legal advice. Every person's situation is different,
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so be sure to talk with your attorney to figure
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out what makes the most sense for you and your
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estate plan. So let's just start an understanding Michigan certificate
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of trust law. Let's just start with the obvious question,
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what is a certificate of trust? Well, a certificate of
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trust is essentially a summary document that proves a trust
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exists without disclosing the full contents of the trust. So
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trustees use the certificate, for example, when dealing with banks.
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So if you've got a trust and you're going to
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be dealing with a bank account relative to that trust,
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you're going to need a certificate of trust for the bank,
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dealing with title companies when you're selling real estate or
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other financial institutions. And so, rather than handing over a
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full copy of your trust document, which obviously contains sensitive
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information perhaps about your beneficiaries, something about assets, which really
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the banks and the title companies don't need to have,
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the trustee can simply present a certificate of trust. Think
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of it kind of like showing your driver's license instead
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of your birth certificate. It's just enough information to prove
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you are who you say you are without revealing more
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than is necessary. Well, it's been some time now. Twenty
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eighteen is when Michigan updated excuse me, it's trust laws
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under the Michigan of Trust Code. Before that, certificate the
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trust were very less standardized and more burdensome, and in fact,
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we had two different kinds of certificates of trust. You
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might have a certificate of trust that related to your
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trust document, but then if you were trying to sell
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real estate, the title company required what was then called
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a certificate of trust existence. Well, the twenty eighteen revision
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created a uniform format and clarified the rights of both
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trustees and third parties. Now I know twenty eighteen, you
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might be saying to yourself, Well, twenty eighteen was quite
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a while ago. Why should we carry about it. Well,
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if you have a trust as part of your state
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plan and that or you're trying to settle in a
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state on a trust that was created before twenty eighteen,
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you don't have a current certificate of trust that you're
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going to need to have. So it's not unusual today
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to have clients with older estate plans where they haven't
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updated them in order to make sure that the certificate
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of trust was keeping up with the change under Michigan law.
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So here's what a valid certificate of trust must include.
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One the name and date of the trust. Two, the
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names of the trustees. Three, a statement of the trustees'
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authority to act. Four whether the trust is revocable or irrevocable.
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Five names of any successor trustees, six trustees, a trust
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taxpayer identification number if it has one. And lastly, a
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statement that the trust has not been revoked or amended
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in any way that affects its validity. So those are
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the things that a certificate of trust has to have
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per Michigan law. So if you have an old certificate
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of trust that doesn't meet all of those requirements, you
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don't have a certificate of trust that is likely going
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to be accepted at the time that is needed. Now,
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what are third parties allowed to ask for? So you
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have a certificate of trust, but what is your for example,
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bank or real estate agent allowed to ask you for. Well,
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under Michigan certificate of trust law, third parties, again like
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banks or real estate agents, must accept a valid certificate
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of trust that's presented in good faith. That means they
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can't demand to see the full trust document. However, they
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are allowed to ask for reasonable supporting document documentation, for example,
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proof of identity or signature authority. I'm sorry, got a
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little bit of a cold going on here on this
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beautiful summer day. But importantly, if a third party relies
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upon a properly executed certificate of trust in good faith,
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they are protected from liability, which means both sides benefit
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from a clear, fair and steam streamlined process. So why
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is a current certificate of trust important for estate planning? Well,
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the law when it was enacted is basically a win
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for both privacy and efficiency. First, it keeps the terms
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of your trust and beneficiary information confidential. You don't have
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to give a copy of your entire trust that would
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have that information in it. And second, it makes it
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much easier for trustees to manage assets, particularly when they're
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going to be dealing with real estate or financial institutions.
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For example, if you're selling a home that's held in
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a trust, you don't need to provide the full trust
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agreement that would then get recorded with a registered deeds
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office that would then become a public record. All you
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have to do is provide the certificate of trust that
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obviously can speed up the process. You don't have a
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title company that needs to read through your trust. It
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maintains your privacy because it's not going to get recorded
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with the registered deeds, So it is beneficial to you
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in that event. If you are selling real estate that
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is currently in a trust, which is oftentimes where you're
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going to find that happens, you might have had perhaps
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you're settling a trust today for somebody who created that
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trust before twenty eighteen, and now you have real estate
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and you're trying to sell the real estate. Well, the
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title company relative to that sale is going to want
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a current certificate of trust. If you had one prepared,
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or the maker of the trust had one prepared prior
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to twenty eighteen, you are likely going to find the
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title company saying that is not sufficient. It needs to
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be a new certificate of trust. So if you need
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a new certificate of trust, you can obviously ask your
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attorney first to review your current existing certificate of trust
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to determine whether or not it is appropriate, and if not,
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you could look at having new one created for you. You
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need to make sure, obviously that all of the elements
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are card by Michigan law are contained within that c
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certificate of trust, and you certainly need to keep copies
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of that certificate of trust with your estate plan. A
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question arises, though, as to should you today go out
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and have a new certificate of trust prepared even if
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you don't need it today. So let's say you had
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a trust that was prepared before twenty eighteen, You're looking
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at all over, you realize you have an old certificate
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of trust, and you ask the question, well, should I
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go and have a certificate of trust prepared today? Will
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likely not? You really only need that new certificate of
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trust when you're going to use it. Why, because you're
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also going to find that pretty much all the banks,
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certainly financial institutions and title companies, they're going to insist
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that not only does that certificate of trust contain all
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those things that I just discussed, but they're going to
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want it to be created within the last six months
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before you're using it. So it doesn't make any sense
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to just go ahead and have one prepared today, only
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to find out that you're not going to use it
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for a number of years, Only to find out that
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after a number of years, a title company or a
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bank or somebody's going to want a new one. So
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generally speaking, even if you go back and review your
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estate plan today and it has an old certificate of trust,
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it might not be necessary for you to create one now,
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but it will be required at some point in time
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in the future. Well, if you have a question about
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your trust or help drafting a certificate of trust, please
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contact us, or better yet, if you go to DOYLELOWPC
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dot com, which is our website. There you're going to
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find our legal store. At the legal store you can
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actually order an updated certificate of trust directly through the Internet.
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So that's something that you can do at DOYLELOWPC dot com.
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Of course, if you need to have a personal consultation,
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we can arrange for that. Amand and I could arrange
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for that either through an in person appointment in the
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Grand Rapids office or Lansing location or wherever you happen
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to be in the state of Michigan. We could consult
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with you by zoom or phone and help you determine
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what is needed. We end up regularly people simply contacting
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us needing a new certificate of trust, and it can
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be paired normally fairly expeditiously. When that time comes, so
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simply head on over to Doyle opc dot com. There
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you're going to learn how you can schedule your consultation
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and again you can visit the Legal store to see
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how you can order a certificate of trust and other
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legal documents such as powers of attorney directly from us online. Well,
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I realized this was kind of a short episode today,
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but it's just a brief summary about certificate certificate of
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trust if that's relevant to you. As always, though, if
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you have a comment about about the program, or a
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question that you'd like to have answered, or a topic
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that you'd like to have me cover in a future episode,
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simply head on over to Tuesday with Tom dot com.
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You can leave me a voice message by clicking on
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the microphone or send me an email to Tom at
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Tuesday with Tom dot com. Please do be sure to
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follow us on Facebook and fight your friends and families
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to do the same. That would be Tuesday with Tom
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and of course the office. Facebook is also Doyle Law PC.
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And don't forget to subscribe to our email list at
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date with new episodes and important estate planning tips and
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remember remember to You can listen to the show wherever
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you enjoy your podcast. We're on a lot of different
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channels such as Apple Podcasts, Spotify, Amazon Music, Google Podcast, iHeartRadio,
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and Speaker, and of course if you have a smart speaker,
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you can always ask your smart speaker to play Tuesday
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with Tom as well. Well. Thanks again for spending part
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of your day with us, and until next time, take care,
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stay safe, and have an awesome day and an awesome
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week here in Michigan. Tuesday with Tom has been brought
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to you by the estate planning attorneys at Doyle Law PC.
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To learn how we can help you with your estate
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plan or with settling a loved one's estate, please call
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us today at five one seven three two three seven
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three sixty six. That's five one seven three two three
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seven three sixty six.
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89
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101
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128
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132
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136
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141
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143
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147
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149
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151
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152
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158
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159
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161
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170
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172
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173
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180
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182
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183
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184
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185
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186
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189
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191
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197
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198
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199
00:15:35.120 --> 00:15:38.000
200
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201
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