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Is a disputed copy of a Trust legal?

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I

idgaf

Guest
RE: STATE OF CALIFORNIA
I claim the Trust is revocable. The other Trustor claims it is irrevocable. Only a very bad copy exists. The Trust was never recorded but owns property. The signatures appear on a page with signatures only. The word "revocable" appears only on the front.
Question: In the absence of an original or certified copy of the Trust Instrument; and, no agreement that the copy is a true copy which has not been modified is there a California Civil Code or Probate Code or any California Code or Law which covers this?
Can I have the Superior Court void the "Trust" entirely?
 


ALawyer

Senior Member
Clearly it seems as if a Trust was created. It is the terms of that trust which are in dispute.

As it appears both trust makers are alive (you say the "other Trustor" says X, I have to assume you are the second and you are saying Y).

There may be other records that would suggest the terms and whether the Trust is revocable or not, including any trust tax returns or K-1s that were filed, the title of record for the property (sometimes the trusts say Revocable or someting to suggest it is Irrevocable in the title), the copies on the title insurance and records held by the title company, copies held by lawyers, notes, bnk account records, etc.

This sounds like a matter that will need a court to rule on it, unless the parties consent to arbitration.
 

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