Legal Question in Wills and Trusts in Hawaii

Unlocateable documents

My relatve died leaving one-half interest of a house. Upon a search on the title, it was discovered that a living trust is on title. The problem is that there are no documents of the living trust are available nor does anyone know about the living trust. What happens in this case? Can the other person who has yhe other half take title to the entire property? Does the living trust portion need to be addressed by the Courts? Any help would be greatly appreciated.


Asked on 8/07/05, 3:16 pm

2 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: Unlocateable documents

A trust will not go through Probate so it will not appear in the Court files. A trust CAN be Probated, however, and in this case it may be wise to do so. This will allow a Lis Pendens to be placed on the property to prevent any transfer until the case is completed.

If you would like som assistance in this matter, please feel free to contact me directly at 626-578-0708, extension 4. I can also be reached through our firm's site at www.No-Probate.com. You can get a better idea about the Probate process there as well.

Regards,

Scott Linden

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Answered on 8/08/05, 5:54 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Unlocateable documents

Trusts and wills go together and are usually done at the same time. If you have find the relative's will, it might have the name of the attorney who prepared it and he or she might have a copy. Also, look at the deed putting the property into the trust. It might also have the name of the attorney. You might also be able to track down the person who notarized the deed and he/she might know of the attorney or maybe someone who witnessed the signing of the trust.

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Answered on 8/07/05, 3:32 pm


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