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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41521
Experience:  Texas Attorney for 30 years dealing in real estate
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Sirs, I am in need of immediate help. My parents and Lucia

Customer Question

Sirs, I am in need of immediate help. My parents Albert and Lucia Duffield had a trust drawn up with Alliance For Mature Americans around 1993 I believe. My parents have since passed away and the trust is lost. I understand this company was shut down in 2005 by your Attorney General. I am in the process of selling this house and was told by the Title company First Security Agency that this document is needed in order to close on my parent’s home. I have contacted the previous Title company Fidelity national who were involved when my parents bought this home but unfortunately they don’t keep documents for this length of time. Please Sir would you be kind enough to assist me with this problem? My phone at work is(###) ###-####x1119 or cell phone(###) ###-####Sincerely, ***** (daughter
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

You are probably looking at opening regular probate for them.Trusts are rarely filed anywhere.Occasionally they are recorded in deed records where the property is located.Assuming you do not find it you will need to open probate and the court takes control of the trust property.Once you are appointed executor/administrator you are then able to close on it and sell it.But there is going to be a delay here, probate can take you up to 60 days to be appointed and be able to close.

Trust documents unless recorded in the deed records are private documents and signed copies are not kept anywhere.This is a common problem that trusts become lost.As a title company lawyer I recorded all my trusts to avoid this very problem.Hopefully this was done here, otherwise you will need a probate lawyer to open regular probate and court appoints you here and issues letters to you to allow the sale.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 1 year ago.

Lawyer referral in case probate has to be opened for them if you cannot locate the trust.


Maricopa County Lawyer Referral Service
Phoenix, AZ

Phone:(###) ###-####br />Toll free:(###) ###-####br />Counties Served: Maricopa

Pima County Bar Association LRS
Tucson, AZ

Phone:(###) ###-####br />Counties Served: Pima

Expert:  Ray replied 1 year ago.

Pastora thanks again for the chance to help you.