[WSBAPT] No Trust Document

[Jeff at bellanddavispllc.com]

Listmates:

 

Way back, well before the turn of the century, when I started practicing
law, the firm I joined had a large file cabinet full of original
Wills/Trusts.  It seemed like a nice way to generate work as the clients
passed on the firm naturally got to probate or administered the estate.
However, we also discovered attorney's pass on and the firm ended up needing
to disburse the original documents.  So we got away from that practice of
keeping the originals, and instead, trusted their safe keeping to the
clients.

 

Well, for the third or fourth time this year, a client cannot find the
original document, in this case, a living trust.  Client has no copy of the
trust agreement (even an unsigned copy) or even a trust certificate,
nothing.  (the lawyer who created it is long dead).  The house is in trust.
Client is the surviving spouse.  There are children, some of which the
client wants to disinherit.  

 

What should be done?  Will a title company insure the transfer of the house
out of trust to the survivor?  Do I just make up a new trust documents
calling it a restatement.  I am not sure if TEDRA is the way to go.

 

Your thoughts.

 

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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