Legal Question in Wills and Trusts in New Hampshire

lost our living trust

We made a living trust years ago, but in the course of several moves we have lost the original document.

What action should we take?


Asked on 10/04/07, 11:08 pm

2 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: lost our living trust

It would be a wise idea to either contact your attorney, if he or she is still around, and obtain a new copy of the trust document (expecting, of course, that the attorney has retained a copy or an original counterpart in the file), or in the alternative, contact an attorney to prepare a new trust which reflects your current situation and changes in the law. It is likely that your attorney would want to review your situation with you as intentions, assets, needs, and laws change.

I am licensed in NH as well as MA and I see clients in Concord, NH, if that is convenient for you. Otherwise, you should find an estate planning attorney in your area and revisit your estate planning needs.

Good luck!

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Answered on 10/04/07, 11:38 pm
Bruce L. Dorner Dorner Law Office

Re: lost our living trust

I get the feeling that your trust was not created in New Hampshire given the number of moves you report. Estate planning has many quirks that are related to state laws. I would suggest that you contact the attorney who prepared the original document and see if he has a copy. Then I would meet with a local attorney to review the copy and determine what would best fit your current situation. Often a living trust is more work than it is worth for some families. In other cases is is a good tool. The personal situation of the family needs to be carefully reviewed.

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Answered on 10/07/07, 6:03 pm


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