Can't locate parents original living trust

[geemgee]

What is the name of your state? Oregon

My parents have a revokable living trust that they set up without an attorney. My mother died recently and we have been unable to locate their original living trust but we do have copies. Can my father revoke that trust and then have a new revokable living trust set up? How important is it to have the original?

 

[Dandy Don]

Your situation shows the importance of having a trust drawn up with the assistance and review of a trust attorney.

It is very important to have an original, but your father could do that simply by having it re-typed on a word processor or just duplicate whatever he did when the first one was made.

 

[geemgee]

what about signatures

Thanks for your reply. Now I'm wondering: If my father should have the trust retyped or duplicated, then what do we do about my mother's signature? And since the name of the revocable living trust is in both their names, then do assests that he acquires from now on still go into this trust with both their names?

 

[Dandy Don]

You need to be talking to a trust attorney--it is possible that now the death has occurred, you (or whoever the trustee is) should be officially carrying out the instructions of the trust. Or maybe it would be a simple matter to get it corrected. He can decide whether or not he wants to put any other items into the trust.