Legal Question in Administrative Law in California

Living trust lost

My sister has died & we cannot find her living trust. Her lawer has retired. Any way to find the trust


Asked on 2/13/08, 11:51 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Living trust lost

Well, even if the lawyer has retired, that doesn't mean the lawyer has disappeared from the face of the earth, or that someone in your community (or your sister's community) won't know who took over the practice. The State Bar of California may be able to assist in locating the lawyer's successor or custodian of his records.

Whomever has access to your sister's estate property, from perhaps a caregiver up to an executor of a will that maybe has been found, might know where to find it.

Another useful step is to check the county recorder's records to determine whether any real property was placed into the trust. The funding of the trust may provide clues to the whereabouts of a paper trail.

The heirs might consider retaining their own attorney, one with experience in trust administration. If there is evidence that a trust existed, but no papers to show who is the successor trustee, perhaps you'll need a court order to appoint one.

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Answered on 2/14/08, 12:27 am


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