Legal Question in Wills and Trusts in California
What do you do if you are an Successor Trust and the estate property includes a B trust that can't be located? The attorney is still alive, but did not keep a copy.
1 Answer from Attorneys
A/B trusts is a term that normally refers to a term in the primary or original trust that states how the trust assets are to be divided upon the death of one of the trustors. Normally, there is a term such as the decedent's half of community property is to go into the A trust and the surviving spouses half is to go into the B trust upon the death of the first to die. Therefore, both the terms of the A and B trust will normally be found in one trust instrument.
Another interpretation of your question is that division has already been made and the whereabouts of the assets placed in the B trust cannot be found. This leaves all sorts of options open and you should discuss the issues with an estate plannning attorney. Bring the trust along to the meeting so the attorney can review it and attempt to determine what assets are in which trusts - if possible.
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