[WSBAPT] Children "lose" last amendment to parent's trust

[Jeff at bellanddavispllc.com]

Listmates:

 

I know we can prove a lost Will, but can you prove a lost Trust?  I know the
case involving proving the terms of a trust where no trust document exists.
The question is when you have copies of the signed documents, does the fact
the original is missing mean the document is revoked?

 

6 months ago the Trustors' amended their trust to  reduce the assets to be
received by their children upon the last trustor death.  First Trustor died
two weeks ago.  Children swoop in and go through all EP documents.  They
provide all originals; the Trust and several amendments, but just not that
last amendment; they claim it can't be found.  

 

My position is the professional trustee, taking over, should treat the last
amendment as enforceable.  However, have any of you had a different
experience?  

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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