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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118632
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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We have an LLC where I am the Managing Member, and the other

Customer Question

We have an LLC where I am the Managing Member, and the other member is an Irrevocable Trust. In all the formation and other legal documents, the Trsutee has not signed the documents. In all the places where the Trustee was supposed to sign the documents, the Grantor of the Irrevocable Trust has signed . Now there are some issues, so we are trying to determine if those documents are valid, as unauthorized person has signed the documents.
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The grantor of the irrevocable trust can sign documents on behalf of the trust but that would potentially destroy the irrevocable nature of the trust and make it into a revocable trust. If the grantor signed it upon creation of the trust, then it is permissible, but if the trust existed and the grantor signed, then the documents are valid but he could have made his trust into a revocable trust.
You need to get this to your trust attorney to review the documents and timing on the signing to see if the grantor may have damaged the trust's irrevocable nature and if the trustee would need to sign the documents again to try to revive the irrevocable nature of the trust.