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can't find living trust

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jmaechtlen

Junior Member
What is the name of your state (only U.S. law)? California.

My father's memory is bad, and we can't find a copy of his living trust. Various assets seem to be in the name of the trust.

I have POA but that's all. I've done some searching, and it doesn't seem to have been recorded in his county of residence when it was created.

He's living in assisted care.
Now what?
 


jmaechtlen

Junior Member
ok- I saw a similar post

<oops - sorry, should have searched farther within this forum first>

So, I understand that a trust is a _Private_ document?
Seems odd, but ...

So, the procedure is to contact any entity that might have had contact with the party, seeking a copy?
What if we can''t find one?
Do we have him execute a new will? What about the trust?

If he is declared incompetent, would the conservator (or whoever oversees his affairs) be able to nullify the trust and regain control of the assets?

Thanks
 

FlyingRon

Senior Member
The trust was almost certainly prepared by a lawyer. Do you have any other legal documents kicking around in Dad's possession that might indicate who the lawyer was. You can inquire there to see if they know of the location or have a copy of the trust. Also check the banks where he held accounts and see if their is a safety deposit box.
 

Kiawah

Senior Member
Depending what kind of firms the trust accounts are held at, they may have required a copy of the trust when opening the account.
 

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