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estate and post estate dissolution

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gbjayhawker

Guest
YOUR STATE NAME - YOUR STATE NAME - YOUR STATE NAME - Washington

Grandfather broke a trust (easily) in 1949. Since his death, we have discovered that property deeded to the operation of a specific entity has failed. In the original deed it stated that if the "entity"no longer operated, the land was to return to the original heirs. This came up seperate from the trust.
The city has claimed this property and sold it to a private citizen for commercial use in exchange for easment.

We are trying to locate the records of the broken trust, but are unsure where to look.
Any attorney in this particular city is suspect, because we are talking about "heritage" and so many connections to various law firms it's crazy... We feel certain we are on the tip of an iceburge, but have no idea as to how to tread. There are even indications that all assets were not revealed when the trust was broken, but this is confined to web research and "family talk". Any direction or starting point would be greatly, greatly appreciated.
 


Dandy Don

Senior Member
Searching for the trust will be a little bit difficult, but not impossible. I somehow feel you are going to get lucky in finding what you are looking for.

Trusts are private and usually known only to the person who had it drawn up (your grandfather) and the attorneys who also drew it up. Sometimes copies are given to any beneficiaries named in the trust.

(1) Look at your grandfather's probate file at the county courthouse (if you know the month and year he died). In it will be financial documentation about how his estate was handled, and there may be a mention in it about the trust and the bank it is being held at. At the very least, the estate executor (whose name and address will be in the file) might know about the trust and all the associated, relevant information.

(2) Look at the county courthouse land records (most counties have it available to be searched on computer) to search under your grandfather's name and/or the legal description/address of the property. Usually there will be a history of transactions associated with the property, and you may want to look at some or all of the transactions and the backup documentation on paper that would be on file which may give some more clues.

(3) If all else fails, consider having a title search done (by contacting an abstract or title search company in your area, for about a few hundred dollars. That would show the history of the property and list all previous owners, etc.--sometimes the deed might be filed with one of the transactions.

You should also consider speaking with a local trust attorney (or one in another county, since you were so concerned about not being able to trust any attorneys in your city) about how to accomplish your goal--they might have valuable insight.

DANDY DON ([email protected])
 

Dandy Don

Senior Member
It's hard to understand why you all are looking for the original trust document. If he decided to break the trust later on, then it seems like that would mean that his intention for the land to return to the heirs would also be cancelled/nullified, but maybe I don't have the complete picture.

Please be sure to consult with an attorney somewhere in the county who is familiar with easement laws, because that is virtually a scot-free way for the city to take over whatever they want without regard to the owners wishes.

DANDY DON
 

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