Legal Question in Wills and Trusts in California

My mother has a revocable trust that was draw up and signed in Florida in 1994. She also has an amendment to that trust in Florida dated 1997. She has recently moved to CA and in the process has lost the original 1994 trust. She has a photocopy of the original 1994 trust marked "copy" and the original 1997 amendment. My question is, can we make the photocopy the original if I have her sign a statement and have it notarized saying she misplaced the original and wants to use the copy as the original?


Asked on 4/26/10, 5:50 pm

1 Answer from Attorneys
Frankie Woo Fiducia Legal

I don't see a problem using a photocopy of the original of the trust. Unlike a will, which requires the original in order to be admitted to probate, a trust is a contract or agreement, and a copy is just as good as the original if it is an accurate reproduction. Furthermore, the trust avoids probate. Even in a trust proceeding, the court would most likely not require the original trust be filed and would accept a copy instead.

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Answered on 5/03/10, 5:30 pm


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