Legal Question in Elder Law in Arizona

How do I get a copy of my grandmothers trust? She is very sick and we can NOT find the original copy or any other for that matter so we can get her help from the state.


Asked on 5/05/11, 2:24 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

In general, trust agreements are not recorded or public information. One does not know if the creator of the trust decided to revoke or cancel the trust, and you don't know if the creator of the trust ever put any assets into the trust (titled assets in the name of the trust). You should search the records, title of record to the house, bank or brokerage statements and see if anything is in the name of the trust. If you can find a brokerage account in the trust name, they should have a copy of the trust and can tell you who the successor trustee would be.

A person that has assets and income may not qualify for state assistance, and if those assets and income are in the trust, it is treated the same as if the assets and income are in her hand.

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Answered on 5/05/11, 6:11 pm


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