Legal Question in Wills and Trusts in California
Lost Orignal Will and Trust
My dad had the orginal signed will and trust at his house, and now that he has passed, we can't find either one. In May 2002 he made an admendment to the trust. the attorney has a photostat copy of both. isn't the will and trust no good now since there is no original.
2 Answers from Attorneys
Re: Lost Orignal Will and Trust
A copy of the trust is fine, unless there's evidence to show the trust-maker meant to revoke it.
However, a will is presumed revoked if the original can't be found, but is valid if the executor presents evidence it's merely lost and that the will-maker did not intend to revoke it.
It's likely, then, that the trust is still valid, and the will may likely be valid too--see a probate/trust administration attorney to review the next steps.
Re: Lost Orignal Will and Trust
Bottom line: The copy may be sufficient--depending on various factors. You need to consult legal counsel where your father resided.
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