Lost Trust Documents Lawyer Died.

[bigalcalbisque]

What is the name of your state (only U.S. law)? California
My Father-In-Law passed away 2 weeks ago. He had always told his daughter, my wife, that a commercial building was hers and that it was in his trust. His last wife who he was married to when he died has no problem signing documents to transfer Title to my wife.
Problem is the Lawyer that died had all his trust paperwork and she is not sure what became of it. We do have the bank note and the recorded trust deed for the property What would you suggest as a course of action
Thanks, in advance, Al

 

[seniorjudge]

If it is not in writing, then it does not exist.

 

[bigalcalbisque]

Thats Advice??

Thats your advice??? I didnt say it didnt exist, the lawyer died, what happens to the paperwork of a dead lawyer, there must be a course of action, I know the Lawyers name.
Any advice would be welcome as long as it is not from seniorjudge
Al

 

[seniorjudge]

Every lawyer is supposed to have a disaster plan (including death of the lawyer).

Check with the state bar.

Also check with the malpractice insurance company that covers lawyers in your state.

 

[seniorjudge]

What is the name of your state (only U.S. law)? California
My Father-In-Law passed away 2 weeks ago. He had always told his daughter, my wife, that a commercial building was hers and that it was in his trust. His last wife who he was married to when he died has no problem signing documents to transfer Title to my wife.
Problem is the Lawyer that died had all his trust paperwork and she is not sure what became of it. We do have the bank note and the recorded trust deed for the property What would you suggest as a course of action
Thanks, in advance, Al

What do you mean by having the bank note?

By trust deed, I am assuming you mean where the land was conveyed into the trust. Is that correct?

 

[bigalcalbisque]

the "bank note" spells out all of the terms and conditions of the loan. Correct on the Trust Deed being conveyed into his personal trust.

 

[seniorjudge]

Thats your advice??? I didnt say it didnt exist, the lawyer died, what happens to the paperwork of a dead lawyer, there must be a course of action, I know the Lawyers name.
Any advice would be welcome as long as it is not from seniorjudge
Al

No need to get nasty.

What I told you was correct and accurate legal advice.

 

[bigalcalbisque]

Not Being Nasty

I didnt mean to be nasty....Your remark was so flippant that I couldnt help myself
I am sorry

 

[Florida Lawyer]

Contact the state Bar Association

The deceased attorney should have appointed, or the courts should have appointed, and attorney to take over the cases in the event of his/her death. (In Florida it is called a Custodian) If the attorney was part of a firm you should contact that firm first.

 

[Dandy Don]

Your father-in-law should have had the original trust paperwork in HIS possession.

What year (or, how long ago) did he die?

If the state bar has no information, do some research to look for his obituary notice so you can contact his family or find out what his office address was so you can ask office neighbor companies if they know anything. Check the archives of that city's newspapers online to see if his obit is there. Check online county courthouse records for his name to see who was the executor of his estate.

Frequently an attorney whose office is closing will place a small classified ad in the local newspaper to inform the clients of this and giving them a certain time period to contact whoever is in charge now to request the information you want.

DANDY DON IN OKLAHOMA ([email protected])