Legal Question in Wills and Trusts in California

lost trust documents

My mother-in-law passed away about a year ago and my wife, who is the only surviving daughter, thought all accounts were settled. She recently received a statement from an investment company showing an active balance. the holder of the account is my deceased mother-in-law. Her name follows the word ''trust'' and is followed by the letters ''TR''. My wife cannot find documents relating to a trust or a receipt of a company or lawyer that might have prepared the trust. The financial Co. will not release funds to my wife without the proper documentation. What can we do to remedy this situation. thanks for your help.


Asked on 5/06/09, 8:44 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: lost trust documents

Was her estate Probated? Have you provided the investment company a copy of her death certificate?

This can be resolved, but it may take some work. I strongly suggest you retain counsel. We specialize in this area, but if you choose to use us or another attorney, I do recommend you speak to counsel confidentially and not through LawGuru.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 5/07/09, 5:50 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: lost trust documents

If the amount in the account is under $100,000, she should be able to send them a small estate affidavit (probate code section 13100).

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Answered on 5/06/09, 9:17 pm


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