Legal Question in Real Estate Law in California

First step should be to try to remember the name of the lawyer or law firm that created the trust and ask for a replacement copy. Lawyers have statutory responsibility to keep copies of documents such as living trusts and wills (their duties are, however, somewhat limited).

Other than that, there is no magic that will automatically re-create the trust document and provide proof of the terms thereof or the powers of the person claiming to be the trustee. Trusts are not matters of public record.

Some inferences about the existence and nature of the trust may be in the public record, of course, such as transfers of real property into the trust. This is a starting point for assembling evidence of the trust and its terms. Other possible sources would be notaries, tax advisors, stock brokers, estate planners, and possibly former employers, employees and associates of the trustor.

Ultimately, the evidence may have to be taken before a judge to have findings and orders made. Probate Code section 17200 appears to authorize courts to determine matters regarding the existence and terms of a trust, upon petition of an interested party. The judge will need evidence and cannot make findings "in the dark."

I'd talk to an attorney that handles adminsitration of trusts and estates -- it's more in that bailiwick than real estate law. It must happen fairly often, so a trusts and estates specialist should know the ropes.

Ultimately, you might need to bring a quiet title action, but I'd hope not.

You'll have to find a copy, otherwise you'll encounter great difficulty obtaining court orders, title docs, etc. necessary to sell and transfer title. Feel free to contact me for the legal help you'll need.