Legal Question in Wills and Trusts in California
My father recently passed. After a great deal of searching I found a living trust in which I was named the trustee as well as having durable power of attorney. I went to my bank to open a trust account so that I could begin collecting funds to pay his final expences etc... The banks legal dept said the document is good except it was missing a signature page. Nearly every other page was signed by my father as well as 3 wittnessesw and stamped by a notary including the pages naming me as trustee and how he wanted distribution of funds to be carried out. I found the law firm that wrote his living trust and asked about getting a copy so I would have the missing page. The firm has an outside company that stores documents for them. They contacted this company and have told me they have been unable to locate the trust. My family and I stand to loose around $200,000 which we desperately need. What can I do? "HELP!!!" "PLEASE?" Thank You for Your Time. Sincerely, Tracy McCormack
2 Answers from Attorneys
You need to talk to an estate and trust attorney. Without a complete document you may have to file the matter as a probate in order to enforce the intent of the uncompleted living trust. Probate unfortunately is what living trusts are intended to avoid because of its cost. A trust attorney may have another alternative.
I have to agree with Mr. Goff. You might be able to persuade the law firm to do the work for free or reduced rates, rather than have to contact their Errors and Omissions insurance.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
