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Our mother died in a car accident on July 8. We thought we

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had the most recent copy...
Our mother died in a car accident on July 8. We thought we had the most recent copy of her living trust but found out when calling her attorney that she made some changes to her trust in 2002. She keep the original copy rather than return it to the lawyer. We have no idea where it may be. What is the quickest way to do a legal paper search?\
Submitted: 2 years ago.Category: Estate Law
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Answered in 41 minutes by:
7/11/2015
Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Christopher B, Esq
Category: Estate Law
Satisfied Customers: 2,983
Experience: Litigation Attorney with education focus on estate planning and tax
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My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. First of all, I am sorry for your loss. A trust is not filed with the court or with any other entity so there is no way you could do a file search unless you are speaking of a physical search for the trust. If you do need to do a physical search I would first try the safety deposit box which California will allow you to have access to with the death certificate of your mother and an ID of one of the beneficiaries. You would then be able to take a will or a trust from the safety deposit box after copies are made. If it is not there or she did not have a safety deposit box, an exhaustive search of her residence needs to be done. The attorney that drafted the trust should have a copy of the document on file. I'm not sure why he/she wouldn't so you might want to check back with him/her if you cannot find the original at some point. Also, if everything is funded in the trust and you don't anticipate any challenges, you probably are fine without the original. If the original was in the possession of the Trustor (person who created the trust), there is a presumption that it was destroyed with the intent to revoke. So if you ultimately cannot find the original, the 2002 trust will remain in place as long as the original was in the possession of your mother. Again, if everything is in the trust and you don't anticipate problems, this probably wont be an issue. Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer as this is the only way that I am compensated for my work.
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Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Just checking back in with this question. Do you have any further questions? If not, please positively rate my answer as that is the only way I am compensated for my work.
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Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
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