Legal Question in Wills and Trusts in California
Living Trust
My Mother had a Living Turst but we can't find a copy of it. We know the company that filed it but they went out of business...What should I do now?
1 Answer from Attorneys
Re: Living Trust
Companies don't file living trusts. They may draft them. If you mother does no have assets in the name of her trust, the document is irrelevant unless she has a will that is probated that leaves assets to the Trustee of the trust.
You should have an interested person file for letters of administration in a probate proceeding. That will give that person the power of the court to find and marshall her assets and determine how they have to be disbursed. You should use an attorney, who will be paid statutory fees based upon the value of the estate that goes through probate.
Call me if you want.
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