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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33769
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My great unkle i think made out a trust before he died

Customer Question

my great unkle i think made out a trust before he died leaving me the farm i have no copy or anything how do i find out his lawyer wont tell me much and will his lawyer have the trust or what ever he did i seen a copy a few years ago but my unkle had it in his posetion and i dont know what he did with it
Submitted: 8 months ago.
Category: Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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It is very unlikely that the attorney would have the trust or even a signed copy of it. When an attorney drafts a trust, they deliver the trust documents to the client for them to execute it and then put it in a safe place. So if no one can find the trust, and no one has a copy of it, then it essentially doesn't exist.

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There would also be a trustee named in the trust who would have had a copy of it and have been aware of their duties as trustee. That person has a legal duty to contact any heirs and let them know about their gifts from the trust.

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Further, if you go down to the local land records office and look up the legal owner of the farm, if it says a trust owns it, then one exists. If it is still in uncle's name, then he never transferred it into the trust so it wouldn't be governed by the trust. Real estate has to be transferred by a deed in to a trust in order for the trust to legally own it and control it.

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If it is in his name, then it goes into his estate and will go through probate to descend to his heirs..

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So your first step should be to go down to the local land records office in the county where the farm is and see if it is in uncle's name or a trust's name..

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thanks

Barrister

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