Certification of Trust

CERTIFICATION OF TRUST

Pursuant to Texas Property Code Section 114.086

STATE OF TEXAS

COUNTY OF [________________________________]

I. TRUST EXISTENCE AND IDENTIFICATION

The undersigned, being a currently acting Trustee of the trust described herein, hereby certifies pursuant to Texas Property Code Section 114.086 the following:

1. Trust Existence:

A trust exists under the name: [________________________________] (the "Trust").

2. Date of Execution:

The Trust instrument was executed on [__/__/____].

3. Amendments and Restatements:

☐ The Trust has not been amended since its original execution.

☐ The Trust has been amended. The dates of all amendments are as follows:

☐ The Trust has been completely restated. The date of the most recent restatement is: [__/__/____].

4. Governing Law:

The Trust is governed by the laws of the State of Texas and the Texas Trust Code (Texas Property Code, Title 9, Subtitle B).

II. SETTLOR IDENTIFICATION

5. Identity of Settlor(s):

The Settlor(s) of the Trust is/are:

6. Settlor Status:

☐ Settlor is living and competent.

☐ Settlor is deceased. Date of death: [__/__/____].

☐ Co-Settlor is living and competent.

☐ Co-Settlor is deceased. Date of death: [__/__/____].

III. TRUSTEE IDENTIFICATION AND MAILING ADDRESS

7. Currently Acting Trustee(s):

The currently acting Trustee(s) of the Trust is/are:

8. Trustee Succession:

The currently acting Trustee(s) named above is/are serving as:

☐ Original Trustee(s) named in the Trust instrument.

☐ Successor Trustee(s), having succeeded to office pursuant to the terms of the Trust instrument.

9. Manner of Trustee Succession (if applicable):

☐ Death of prior Trustee

☐ Resignation of prior Trustee

☐ Incapacity of prior Trustee

☐ Removal of prior Trustee by court order

☐ Removal of prior Trustee pursuant to trust terms

☐ Not applicable — original Trustee(s) currently serving

☐ Other: [________________________________]

IV. POWERS OF THE TRUSTEE

10. Trustee Powers:

☐ The Trust instrument grants the Trustee(s) at least all of the powers granted to a trustee under Texas Property Code Chapter 113, Subchapter A (Sections 113.001 through 113.031), including but not limited to:

    (a) General authority to manage and invest trust property (§ 113.006);

    (b) The power to sell trust property (§ 113.010);

    (c) The power to lease trust property, including mineral leases (§§ 113.011, 113.012);

    (d) The power to manage real property held by the trust, including as a business entity (§§ 113.008, 113.009);

    (e) The power to grant options involving trust property (§ 113.003);

    (f) The power to borrow money and encumber trust property (§ 113.015);

    (g) The power to manage securities, including holding them in the name of a nominee (§§ 113.016, 113.017);

    (h) The power to maintain temporary deposits of trust funds in financial institutions (§ 113.007);

    (i) The power to acquire undivided interests in property and to make additions to trust assets (§§ 113.004, 113.005);

    (j) The power to insure trust property (§ 113.013);

    (k) The power to pay taxes owed by the trust (§ 113.014);

    (l) The power to employ and appoint agents, including attorneys (§ 113.018); and

    (m) Such other implied powers as are not inconsistent with the Texas Trust Code (§ 113.024).

☐ The Trust instrument grants the Trustee(s) the following specific powers relevant to the current transaction:

[________________________________]

[________________________________]

[________________________________]

V. REVOCABILITY OF THE TRUST

11. Revocability Status:

☐ The Trust is revocable. The following person(s) hold the power to revoke the Trust:

    Name(s): [________________________________]

    Relationship to Trust: [________________________________]

☐ The Trust is irrevocable and may not be revoked.

☐ The Trust became irrevocable upon the death of the Settlor on [__/__/____].

☐ The Trust became irrevocable by its own terms on [__/__/____].

12. Amendment Authority:

☐ The Trust may be amended by the following person(s): [________________________________]

☐ The Trust may not be amended.

VI. AUTHORITY OF CO-TRUSTEES

13. Co-Trustee Signature Authority:

☐ There is only one currently acting Trustee, whose signature alone is sufficient to exercise all powers of the Trustee.

☐ There are multiple currently acting Trustees. The signature authority is as follows:

    ☐ All currently acting Trustees must sign to exercise any power of the Trustee.

    ☐ Any one Trustee may act alone to exercise any power of the Trustee.

    ☐ A majority of the currently acting Trustees must sign to exercise any power of the Trustee.

    ☐ The signature authority of the co-trustees is as follows: [________________________________]

VII. MANNER OF TAKING TITLE

14. Title to Trust Property:

Title to assets of the Trust should be taken in the following manner:

[________________________________], Trustee(s) of the [________________________________], dated [__/__/____]

VIII. TAX IDENTIFICATION

15. Taxpayer Identification Number:

The Taxpayer Identification Number for the Trust is:

☐ The Settlor's Social Security Number (for revocable grantor trusts): XXX-XX-[________________________________]

☐ The Trust's Employer Identification Number (EIN): [________________________________]

IX. REPRESENTATIONS AND WARRANTIES

16. The undersigned Trustee(s) hereby represent and warrant that, pursuant to Texas Property Code Section 114.086:

(a) The Trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect;

(b) The information contained in this Certification of Trust is true and correct as of the date of execution;

(c) The Trustee(s) have the authority to act on behalf of the Trust in connection with the transaction or matter for which this Certification of Trust is being presented;

(d) There are no pending or threatened court proceedings or other matters that would affect the Trustee(s)' authority to act on behalf of the Trust;

(e) This Certification of Trust complies with the requirements of Texas Property Code Section 114.086; and

(f) The undersigned understand(s) that any person who in good faith enters into a transaction in reliance upon this Certification may enforce the transaction against the trust property as if the representations contained herein are correct, pursuant to Texas Property Code Section 114.086(h).

X. INFORMATION NOT REQUIRED TO BE DISCLOSED

17. Pursuant to Texas Property Code Section 114.086(d)(1), this Certification of Trust need not contain the dispositive terms of the Trust. The undersigned Trustee(s) specifically decline to disclose:

(a) The identity of the beneficiaries of the Trust;

(b) The dispositive terms and provisions of the Trust;

(c) The specific distribution provisions of the Trust; and

(d) Any other terms not relevant to the pending transaction or required by law.

XI. THIRD-PARTY RELIANCE AND PROTECTION

18. Pursuant to Texas Property Code Section 114.086:

(a) Under Subsection (f), a person who acts in reliance upon this Certification without knowledge that the representations contained herein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained herein;

(b) Under Subsection (h), a person who in good faith enters into a transaction in reliance upon this Certification may enforce the transaction against the Trust property as if the representations contained herein are correct;

(c) Under Subsection (i), a person making a demand for the Trust instrument in addition to this Certification (or the excerpts described in Section X above) is liable for damages if a court determines that the person did not act in good faith in making the demand.

XII. SUCCESSOR TRUSTEE PROVISIONS

19. Designated Successor Trustees:

☐ The Trust instrument designates the following successor Trustee(s):

☐ Successor trustee information is not disclosed in this Certification.

XIII. EXECUTION

IN WITNESS WHEREOF, the undersigned Trustee(s) of the Trust identified herein have executed this Certification of Trust as of [__/__/____].

TRUSTEE:

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

TRUSTEE (if applicable):

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

XIV. NOTARIAL ACKNOWLEDGMENT

STATE OF TEXAS

COUNTY OF [________________________________]

Before me, the undersigned notary public, on this [__/__/____], personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument for the purposes and consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this [__/__/____].

Notary Public, State of Texas

Printed Name: _______________________________________________

My Commission Expires: [__/__/____]

(Notary Seal)

XV. TEXAS-SPECIFIC NOTES AND REQUIREMENTS

Important Texas Legal Notes:

1. Statutory Authority. This Certification of Trust is authorized by Texas Property Code Section 114.086, which is part of the Texas Trust Code (Texas Property Code, Title 9, Subtitle B).

2. Single Trustee Signature Sufficient. Under Texas Property Code Section 114.086(b), a certification of trust may be signed by any one trustee, even when there are multiple co-trustees. This is a significant distinction from states that require all trustees to sign.

3. Manner of Taking Title. Texas Property Code Section 114.086(a)(7) specifically requires that the certification include the manner in which title to trust property should be taken. This is a Texas-specific statutory requirement.

4. Third-Party Reliance Protections. Under Texas Property Code Section 114.086(f) and (h), third parties who rely on this Certification in good faith are protected. A person without knowledge that the representations are incorrect may assume without inquiry the existence of the facts stated herein, and may enforce the transaction against the Trust property as if the representations were correct.

5. Recipient's Right to Excerpts. Under Texas Property Code Section 114.086(e), a recipient of this Certification may require the trustee to furnish copies of excerpts from the trust instrument and later amendments that designate the trustee and confer the power to act in the pending transaction.

6. Demand for Full Trust. Under Texas Property Code Section 114.086(i), if a person makes a demand for the trust instrument in addition to this Certification (or the excerpts described above), the person is liable for damages if a court determines that the person did not act in good faith in making the demand.

7. Real Property Recording. For transactions involving real property in Texas, this Certification of Trust should be recorded in the real property records of the county where the property is situated to provide constructive notice.

8. Homestead Considerations. Texas has strong homestead protections under Article XVI, Section 50 of the Texas Constitution. If trust property includes the Settlor's homestead, additional considerations and documentation may be required.

9. Community Property. Texas is a community property state. If the Trust holds or will hold community property, both spouses may need to consent to certain transactions.

This Certification of Trust is made pursuant to, and in compliance with, Texas Property Code Section 114.086. This document is not a complete copy of the Trust instrument and does not contain the dispositive provisions thereof.

[END OF CERTIFICATION OF TRUST]