Why Does a Trustee Sometimes Sign “Individually and as Trustee”?
When you establish a trust, you gain both protection and flexibility for your assets. But when it comes time to sign legal documents, you may notice varying signature requirements — sometimes you’re asked to sign only as trustee, other times both individually and as trustee. What’s the difference? And why does it matter?
Understanding the Role of a Trustee
A trustee is the person who manages the trust according to its terms. If you’ve created your own trust, you often serve as both the grantor (the person who created it) and the trustee (the one in charge of it). When you’re acting in the role of trustee, your authority comes from the trust, not from you personally. That’s why you’ll see signature lines that read:
“John Doe, as Trustee of the John Doe Revocable Living Trust.”
This makes it clear you’re not acting in your individual capacity, but on behalf of the trust.
Why Sometimes “Individually and as Trustee”?
Certain documents — like deeds, mortgages, or loan agreements — require you to bind both yourself personally and the trust. Here’s why:
Personal Liability
If the transaction involves something where you, as an individual, are taking on responsibility (like guaranteeing a loan), your signature is needed to show you accept liability personally as well as in your role as trustee.Transferring Assets
When property moves from you individually into the trust, you must sign in both capacities — because at that moment, you are both the current owner (individually) and the future manager (trustee).Legal Clarity
Courts, lenders, and title companies need precise language to avoid disputes. Signing both ways creates a clear record of intent and responsibility.
When You Only Sign “As Trustee”
If the transaction involves trust-owned assets only, and no personal liability or transfer is involved, you usually sign solely as trustee. Example:
Selling property that is already titled in the trust’s name.
Managing investments within the trust.
Here, you are simply acting in your trustee role, and there’s no need to bind yourself individually.
Why This Matters for You
Signing correctly protects both you and your trust. If you sign only as trustee when you should also sign individually, the document may be invalid or unenforceable. If you sign only individually, you could expose yourself to unnecessary liability.
Final Takeaway
If you have a trust — or are planning to create one — pay close attention to how signature lines are worded. They are not random; they serve a specific legal purpose. And when in doubt, always consult with your attorney or estate planning professional to make sure you’re signing correctly.
