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.
2 Answers from Attorneys
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.
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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).