Sacramento, CA asked in Estate Planning for California

Q: Lost Trust Paperwork

My father passed away, he had many years ago gone to an attorney to have a trust done. We can not locate a signed copy, but have the drafts from his attorney (whos not been of any help). I would like to sell his house, what can I do, will this unsigned draft help me in any way?

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1 Lawyer Answer
Sally Bergman
Sally Bergman
  • Estate Planning Lawyer
  • San Mateo, CA
  • Licensed in California

A: I don't believe there's any way you can avoid having to retain a lawyer to assist you with this matter, particularly if there are family members or other beneficiaries who may dispute the existence or terms of the trust. If the home was titled in the name of the trust, that's a good start, but there are many other issues and hurdles that will have to be dealt with before you can sell the home. There's always the possibility that probate might be required, but an attorney would explore all other possible alternatives before going down that path.

Gerald Barry Dorfman agrees with this answer

1 user found this answer helpful

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