Subdivision 1. Form of affidavit for inter vivos trust. An affidavit of a trustee or of trustees of an inter vivos trust in support of a real property transaction may be substantially in the following form:
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An affidavit by the trustee or trustees under subdivision 1 or 2 is proof that:
(1) the trust described in the affidavit is a valid trust;
(2) either the trust has not terminated or the trust instrument has not been revoked or, if the trust has terminated or the trust instrument has been revoked, the conveyance described in the affidavit is made pursuant to the provisions of the trust;
(3) the powers granted the trustee or trustees extend to the real property described in the affidavit or attachment to the affidavit;
(4) no amendment to the trust has been made limiting the power of the trustee or trustees to sell, convey, pledge, mortgage, lease, or transfer title to the real property described in the affidavit or attachment to the affidavit, if any;
(5) the requisite number of trustees have executed and delivered the instrument of conveyance described in the affidavit; and
(6) any necessary court approval of the transaction has been obtained.
The proof is conclusive as to any party relying on the affidavit, except a party dealing directly with the trustee or trustees who has actual knowledge of facts to the contrary.
Subd. 4. Recording. An Affidavit of Trustee or Trustees under subdivisions 1 and 2 may be recorded in the office of the county recorder for any county or in the office of the registrar of titles for any county with respect to registered land described in the affidavit, or in the Certificate of Trust or Trust Instrument referred to in the affidavit, and may be recorded as a separate document or combined with or attached to an original or certified copy of a Certificate of Trust or Trust Instrument, and recorded as one document.
History:2015 c 5 art 10 s 14