[WSBAPT] Transferring property when Trust can't be found

[Marcus Fry]

Two options:
1.	Start a TEDRA Petition for delivery of trust document and for disbursement of trust assets.
2.	File for the appointment of a personal rep for an intestate estate.  Once appointed make demand and if refused, file TEDRA Petition then.  

I would recommend the latter because there is likely assets that are not in the trust anyway and if the trust (and or the terms) cannot be found, I believe most argue that it passes via intestacy.  Additionally, the PR can obtain bank records, etc. rather easily unless those are in the name of the trust, but you don't know until you ask.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S. 


-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Randolph Petgrave
Sent: Thursday, October 13, 2016 1:51 PM
To: WSBAPT at lists.wsbarppt.com
Subject: [WSBAPT] Transferring property when Trust can't be found

Listmates,

Two questions about Revocable Living Trusts following the grantor's death -

Here are the facts: dad dies and is survived by two adult sons. Years ago, dad had an RLT drawn up, and transferred title of his house into the trust. 

Son no. 1 lived with dad in dad's house; And still does 10 months post death. Son no. 2 does not. No probate has been started and no will has been found. The PC is son number 2.  PC wants answers and information about the house, assets etc. but is being stonewalled by Son 1. 

1) We are pretty sure Son 1 has the RLT, but is not acknowledging possession. How can we force its disclosure and obtain a copy?

2) In the event the RLT cannot be found, how can the house be transferred out of the trust for further disposition?

Thanks in advance for your thoughts. 

Randy

Sent from my iPhone

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