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lost trust

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Tina1970!

New member
I am a trustee from 2004 in California. The only thing in the trust was my mother's home she left to me as the trustee. The house was transferred to me during a refinance. My kids are 22 and 18 and are beneficiaries if I die or sell and they want a copy of my Mom's trust which I can not locate and my attorney is deceased. I don't know what to do. I have nothing to show my kids. I have hunted and looked at the recorders office and nothing.
 


Zigner

Senior Member, Non-Attorney
I am a trustee from 2004 in California. The only thing in the trust was my mother's home she left to me as the trustee. The house was transferred to me during a refinance. My kids are 22 and 18 and are beneficiaries if I die or sell and they want a copy of my Mom's trust which I can not locate and my attorney is deceased. I don't know what to do. I have nothing to show my kids. I have hunted and looked at the recorders office and nothing.
If the house is in YOUR name, then trust no longer controls.
 

zddoodah

Active Member
I am a trustee from 2004 in California.
I assume that this means that the trust was created in 2004, not that you're a time traveler from 2004.


The only thing in the trust was my mother's home she left to me as the trustee.
You mean she left it to you as a beneficiary, right?


The house was transferred to me during a refinance.
When? Transferred from whom? Did you, in your capacity as trustee, transfer it to yourself? If so, why did you do that? Was your mother alive at the time you did this (I assume, although you did not say so, that your mother is no longer alive)? Is such a transfer permitted by the trust instrument?


My kids are 22 and 18 and are beneficiaries if I die or sell and they want a copy of my Mom's trust which I can not locate and my attorney is deceased.
Your kids are beneficiaries of what? Of your mother's trust? When did your attorney die? What became of your attorney's files after he died?

I realize you may not know the answers to all of the questions I've asked, but you may need to try and find out the answers.

As far as your kids and the trust, all you can do is tell them you cannot find the trust.
 

quincy

Senior Member
I am a trustee from 2004 in California. The only thing in the trust was my mother's home she left to me as the trustee. The house was transferred to me during a refinance. My kids are 22 and 18 and are beneficiaries if I die or sell and they want a copy of my Mom's trust which I can not locate and my attorney is deceased. I don't know what to do. I have nothing to show my kids. I have hunted and looked at the recorders office and nothing.
Why do your children want a copy of the trust?
 

TrustUser

Senior Member
a trust is a private document. you would not find it at a recorder's office.

what you can find at the recorder's office is how the house is currently titled ?

when you say that the house was transferred to you during a refinance, that makes it sound like it is no longer in your mom's old trust ?

if so, that trust document no longer has anything to do with the house
 

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