Legal Question in Wills and Trusts in California
Finding a trust
We are looking for a trust
from a friend of my wife's
who passed away about two
years ago.
We were told that we need
an attorney, we found the
probate action which
mentions a trust, to find the
trust.
How do we find an attorney
to do this, what charges
should we expect to find the
trust and any other work that
may be necessary. We don't
know how this works. Are
there standard or average
fees?
3 Answers from Attorneys
Re: Finding a trust
You should start with getting a copy of probate action file. Go to the courthouse in the county in which it's filed and request to view the file and copy the documents. In California, most counties no longer record living trust as such, but the real property may be recorded in the trust's name. Get the address of any real property the deceased owned and check with the county recorder's office as to the owner's name.
Check with the local bar association for their attorney referral program to find an attorney.
Re: Finding a trust
In order to best address the issues presented in your inquiry, our office would be happy to provide you with a free 30 minute telephone consultation. Please feel free to contact our office, toll free, at 1.877.MOHEBAN. Ask for Vandy Moheban, Esq. www.lmapc.com
Re: Finding a trust
The trust may have been filed as part of the probate action, so start with the court file. If it's not in there, but your wife is mentioned in the trust, she is entitled to a copy, which she can request from the attorney for the trustee (likely the same attorney working on the probate).
There aren't standard fees for this type of work, and most attorneys would likely charge an hourly fee for their or their paralegal's time. If you start with the court file, you can save some of the fees by looking up the probate yourself.