Legal Question in Wills and Trusts in Florida
Missing original trust
My mother in law died and left two trusts- one with cd's, bank accts etc. And one containing her real estate. The first trust was from 1991 and had all of her bank accts. We are not able to find the original but have the copy which was held by an attorney. We have the origininal second trust dated 1993 which contains only her condo.. What are the ramifications of the missing orinal 1991 trust??? You answers will be greatly appreciated...
1 Answer from Attorneys
Re: Missing original trust
First, is there any controversye in the family?
If not, the copy, particularly a photstatic copy of the signed trust agreement, if verified by the attorney, should be sufficient to enable the trustee to administer the trust.
Did you check with the banks, transfer agents or brokers? They usually demand to see a copy of the trust agreement before they issue or transfer bank accounts, stocks or bonds.
If there is controversy, then those who want the trust to be implemented will have the burden of proving the terms of the trust agreement. The copy will help and so will the testimony of the lawyer. The courts will order the trust terms to be enforced even if you can't produce the original document.
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