Arlington, TX asked in Estate Planning and Probate for Texas

Q: Real estate in name of family Trust . Dad who signed is dead. Lawyer disbarred & says doesn't have. Help

Have new income from 1 of properties in trust. Can't open trust account to deposit $ without trust document.

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1 Lawyer Answer
Isaac Shutt
Isaac Shutt
  • Estate Planning Lawyer
  • Richardson, TX
  • Licensed in Texas

A: Do you at least have a copy of the trust document?

If not, it's still okay. In Texas, we have lots of Trust Code that lays out what happens in situations like this. This Code lays out who inherits from a trust in the absence of a written trust document.

If your bank is easy going, they may accept a "Certificate of Trust" from you. This is a relatively inexpensive document to have an estate planning attorney prepare for you.

Unfortunately, if that doesn't work, you may need to have an estate planning attorney (or probate attorney) file a request with the Probate Court to enter a ruling about the Trust. That would cost quite a bit more and take quite a bit more time than the Certificate of Trust, but it may be the only option available if the Certificate of Trust doesn't work.

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