Login|Contact Us
Question and Answer

Estate Law

Ask an Estate Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

i am beneficiary of an irravocable trust fund. it was set up

 
socrateaser's Avatar
  • Answered by:socrateaser
  • Attorney
  • Positive Feedback: 99.1 %
  • Accepted Answers: 1763
Verified Expert
in Estate Law

Recent Feedback

Positive
My god, Socrateaser's insight analyzed the root of my legal issue. His advise...
Positive
no nonsence answers much appreciated
Positive
Thank you for the thorough explanation. You truly address each aspect of my...
Positive
Help appreciated...
Positive
Straight forward, no bones about it answer...just what I needed : )
Positive
Excellent feedback and service. Thank you.
Positive
Very honest and helpful
Positive
When I first signed on I was given the impression that I would be discussing my...
Positive
Thank you for your help. This was what were expecting. Nice to know we can get...
Positive
Thank you!

Customer Question

i am beneficiary of an irravocable trust fund. it was set up in 1985, i lost my papers. last year i was told my friend died, who left if to me. i don't know how or where to find any of my lost information or papers.

 

Optional Information:
State/Country relating to question: California

Already Tried:
the bank it was set up in, changed, what bank or where do i go now

Submitted: 322 days and 10 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED

Accepted Answer

Picture
Expert:  socrateaser replied322 days and 9 hours ago.

If the decedent had a Will, then the person with custody is required to deposit the Will with the probate court in the county where the decedent was a resident at death. So, you can check with the probate court.

Although not required, the creator of a trust (aka "settlor" or "trustor") can record a "declaration of trust" with the county clerk, to evidence the existence of a trust. So, you can also check the county clerk for a record of the trust.

If neither of the above works, then you would have to file an action in probate court, allege that the trust existed, that you lost the paperwork, and that you seek a judgment of the trust assets belong to you. Then, you could use the court's subpoena powers to start subpoenaing banks and investment companies, until one of them produces an account that identifies the trust. Meanwhile, if there are any surviving relatives, and/or the decedent has any personal property subject to probate, you could subpoena each person and simultaneously seek an order permitting you to inspect the decedent's personal effects -- or you could petition to be named personal representative and then you could collect all of your friend's assets yourself, and probably find the trust account and trust instrument among your friend's effects.

All of this would be a costly investigation and legal action, but if this irrevocable trust is valuable, then maybe it's worth the effort.

You'll never do it without hiring a lawyer, in my opinion. So, for a competent estate litigation attorney referral, see this link.

Note: One other, and possibly less costly approach would be to contact the surviving relatives and friends and simply tell them that if they can help you find the trust instrument and account that you will give them a piece of the pie. This may seem like an even more expensive option, but it's probably not. I could see this sort of investigation easily running in excess of $25,000, if you use a lawyer and the court system.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 99.1 %
Accepts: 1763
Answered: 7/1/2012

Experience: Retired (mostly)

Ask this Expert a Question >
 
Tweet

Estate Lawyers are Online Right Now

Ask Your Question Now
Estate Law Questions Date Submitted
estate law 5/13/2013
Short version: Background for the question: Over time lent 5/9/2013
Another question, my husband has dementia and he is rapidly 5/8/2013
It would help if the estate attorney had some experience with 5/5/2013
Because of your great help before I am back with new questions.This 4/27/2013
Does a family trust that includes real estate need to be recorded 4/20/2013
PR-fvh 4/16/2013
BRITISH COLUMBIA Estate Law is what we need. My InLaws have 4/10/2013
In Washington State Estate Law which takes precedance regarding 4/6/2013
What penalty if any can be charged when property is willed 3/29/2013
RSS
Next 10 >
Ask an Estate Lawyer
Type Your Estate Law Question Here...
characters left:

Top Estate Law Experts

See More Estate Lawyers

JustAnswer in the News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask an Estate Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
85 Estate Lawyers are Online Now
Type Your Estate Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan