Legal Question in Wills and Trusts in California
Family Trust Document Missing
My aunt (blood relative) and uncle named me trustee of Family Trust. They gave me specific instructions on where to find trust document is something happened ''to them''. My aunt has passed away and my uncle has Alzheimers Disease and is mentally incapacitated. Friends and caregivers to my uncle tell me there is no Trust to be found. My aunt had property that was intended for me and my sister. How might I proceed to claim property ?
2 Answers from Attorneys
Re: Family Trust Document Missing
This matter will have to be probated if there is no will. You may apply for administrator
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Re: Family Trust Document Missing
An action can likely be filed in the New York Surrogates Court in order to establish the existence of a Family Trust. The answers under NY law will depend on full development of the facts and circumstances. There are certain time periods that are applicable to such a court action. An experienced trusts and estates attorney should be able to handle this under NY law. Please note that my legal services are available only with a signed engagement agreement. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 11-7-2001, 8:35 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.
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