Statement of Authorization
You created a Trust to keep your family’s affairs private, but banks and title companies often demand to see the entire document before letting you transact business. At Blast Legal, we prevent this privacy breach by drafting a Statement of Authority or a Trust Certification. This powerful statutory document allows you to prove to third parties that you have the legal right to buy, sell, or manage assets without handing over your full Trust agreement.
The "Statement of Authority": The Key to Keeping Your Trust Private in Florida
One of the primary reasons people choose a Revocable Living Trust over a Will is privacy. A Will becomes a public record when you die; a Trust does not. However, a problem arises when you try to sell a house or open a bank account in the name of the Trust. The bank manager or title agent will say, "We need to see the Trust to prove you are the Trustee." Do you really want to hand them a 40-page document that lists exactly who gets your money, at what age, and under what conditions?
The Solution:
Florida law provides a solution called the Statement of Authority (sometimes referred to as a Certificate of Trust). This is a condensed legal document that acts as a "summary" of your Trust. It proves you are the boss without revealing the private family details.
What It Excludes
Crucially, the Statement of Authority does NOT list:
Your Beneficiaries: It doesn't say who gets the money.
The Assets: It doesn't list what else the Trust owns.
The Distribution Rules: It doesn't show the private instructions for your children's inheritance.
Using It in Real Estate
When you sell a property owned by your Trust, the title company will record a document in the public records to prove the sale was valid. If you don't have a Statement of Authority, they might record your entire Trust. By providing the Statement, only that summary gets recorded, keeping your actual Trust agreement safely in your desk drawer.
You shouldn't have to trade your privacy for functionality. A Statement of Authority allows you to wield the power of your Trust while keeping your family's business exactly where it belongs: in the family.