Q: Can't find original version of my parent's trust but I have copies that the original lawyer had saved, is that okay?
We have torn apart the house looking for the original signed copy of the most recent amendment and anything prior, but we cannot find anything. They kept a lot of old documents and records, but the original will and trust can't be found anywhere. They have both passed and we are stumped as to where the original could be.
We do however have a version stamped "Copy" at various points, that were in the original lawyer's files. The original lawyer has retired, but his successor is now handling it and has access to all of his old files, and it was not typical of him to keep originals for his clients.
The lawyer that is working on it now is concerned that if anyone contested the will and we couldn't provide the original, we could be in trouble and have it invalidated. Is this the case and should I be worried? Everything else I've read onlins says that having a copy is still good enough in California, so I'm confused as to why my own lawyer is concerned.
A: In California, while it's preferable to have the original trust document, a copy can be used in many circumstances. If someone were to contest the trust, the absence of the original could lead to a presumption that the trustor intentionally destroyed it, thus revoking the trust. However, this presumption can be rebutted with evidence showing that the trust was not revoked. The stamped "Copy" version, combined with testimony from the attorney who drafted the trust or other evidence, can help in this rebuttal. Your attorney's concern likely stems from wanting to be prepared for any potential contest or challenge. While a copy can be used, it may present additional hurdles if there's a dispute. It would be wise to gather as much corroborating evidence as possible to support the authenticity and intention of the trust as reflected in the copy. Lastly, always consult directly with your attorney for guidance tailored to your specific situation.
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