Legal Question in Wills and Trusts in California

living wills / trusts

How can I research a living will that was supposedly left to me and my family some years ago. All I know is the name of the person that left it and where she lived.


Asked on 5/05/08, 1:51 am

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: living wills / trusts

Again, a living will leaves nothing. I recommend you get a free download of my Special Report, "The 7 Most Common Mistakes Made by the Middle Class in Planning For the Inevitability of Death and the Likelihood of Disability, and How to Avoid Them." You can get it at my site, www.IWant2CreateMyLegacy.com. You should probably also get my book, Create Your Legacy & Save the American Middle Class. It contains the information that I developed for lay audiences in hundreds of seminars to thousands of people. It will answer nearly all of your questions about how to protect a family from the financial catastrophe that can often accompany the inevitabilty of death and the likelihood of disability. And answer a lot of important questions you never thought to ask. Both are terribly important. A lot of people don't realize that conservatorship is the fastest growing lawsuit in America and the average conservatorship lasts 3 years today. That is because medicine has gotten better and better at keeping us "alive" ofen under the worst circumstances.

The book contains a copy of the "LEGACY LIVING TRUST PACKAGE". It is, as far as I know, the only complete living trust planning package written in what I call "people ease" rather than legalese. Anyone reading at a 10th grade level should be able complete the package themselves with the information in the book. It is designed to be valid in all 50 states and even contains forms for making amendments when the desire to do so appears.

The book is $29.95, the best investment you'll ever make. About the cost of a six minute consultation with me personally. One can download the trust package for $79.95. For more info or to buy the book, go to www.IWant2CreateMyLegacy.com.

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Answered on 5/06/08, 6:25 pm
Frankie Woo Fiducia Legal

Re: living wills / trusts

Are you talking about a living will or a living trust? You need to know what the difference is, because they are like apples and oranges.

A living will pertains to directives regarding medical treatment, so it is only effective while that person is living. It wouldn't do much good after death except perhaps to give burial instructions and such, so I don't know why you are interested in it.

If you are talking about a living trust (which is a substitute for a will), that is a different story. That person might have left something to you in a living trust.

Just out of curiosity, how do you know that the person had a living trust and left trust assets to you?

One way to begin doing research is to find out if that person owned property. Recording of title is the one publicly accessible information that could provide some information regarding the trust, i.e. name of the trust, trustees of the trust, date trust was executed. So I would start from there. After that person died, there had to be a transfer of that property. If the property is in a trust, then you will be able to find out who the successor trustee was by looking for a document called "Affidavit- Death of Trustee".

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Answered on 5/05/08, 3:42 am


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