Legal Question in Wills and Trusts in California

Re: Finding Original Trust

You can retain any attorney to help you. If the trust provides that the successor can act upon incapacity of the surviving spouse, then you may act, as long as there is some proof of incapacity of the survivor.

Re: Finding Original Trust

You don't need the original trust to act--a copy is fine. Check with an attorney about what you need to document the incapacity and what other procedures are required to begin acting as successor trustee. Also make sure all the appropriate trustor's assets are in the trust (most things, except retirement plans and annuities, should be in it--ask an attorney).

Re: Finding Original Trust

You may try to locate the missing original attorney through the state bar association. Since this was a California Trust, I would expect that the California State Bar association may be able to tell you if that attorney is still practicing and if not, where his or her files are now located.

Even without the original trust, the original and successor trustees should be able to act. I recommend that you consult an attorney and have her review the trust and advise you further.