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About 8 years ago my wife and I filed out a trust instead of

 
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  • Answered by:LawTalk
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About 8 years ago my wife and I filed out a trust instead of a will with a company that supposedly prepared it and filed it with Hillsborough County, FL where we were then living. During our move to Broward County, FL we lost our copy of the trust. The company that supposedly filed it went out of business. Who would I contact in Hillsborough County, FL to find out if it is still valid? If they have it in Hillsborough County, how do we make changes and do we have to file it with Broward County, where we currently reside?

 

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State/Country relating to question: Florida

Submitted: 291 days and 5 hours ago.
Category: Family Law
Value: $39
Status: CLOSED
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Expert:  LawTalk replied291 days and 5 hours ago.

Good afternoon,

I'm sorry to hear of the confusion.

Under FL law, when a trust is created, there needs to be filed with the clerk of the county court, a Notice of Trust. Sometimes the Trust document is filed, other times it is not. To locate your trust document, all you need do is go to the clerk of the court for the county you resided in when the trust was established. It is a simple matter to dissolve the trust and create a new one if all the paperwork for the provisions of the trust have been lost, and a copy was not filed with the court.

Once you modify the Trust document, you may file it in the county you now reside in if it is different from where you resided when the trust was created.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you highly, based on the understanding of the law I provided.
Please understand that I have no control over the how the law impacts your particular situation, and I trust you agree that it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

I wish you the best in 2012,

Doug

Customer replied291 days and 5 hours ago.

Who at the Hillsborough County Clerk of the Court would I need to talk to? If I just want to make some changes and then file it with Broward County, does the old one have to be dissolved or can it be modified? Who in the Broward County Court do I have to send the trust to?

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Expert:  LawTalk replied291 days and 5 hours ago.

Good afternoon,

Who? Honestly, I have no idea which specific person you need to speak with---there almost certainly is not just one anyway. You will merely need to go into the court clerk's office and anyone there working the counter will be able to assist you in getting copies of the documents. The old trust need not be dissolved---it may be amended and then refiled if you wish. Not a problem.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Would you please rate me highly now, based on my assistance to you in understanding the law.


I wish you the best in 2012,

Doug

Expert TypeAttorney and Counselor at Law
Category: Family Law
Pos. Feedback: 98.2 %
Accepts: 5628
Answered: 8/4/2012

Experience: 27+ years legal experience. I remain current in Family Law through regular continuing education.

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