Charlotte, NC asked in Estate Planning for Maryland

Q: What do you do in Maryland if Trust documents are missing?

My kids are the beneficiaries of a trust set up by their deceased grandfather. It is for their education mainly, with health etc as a secondary goal. We have been using it with no issues but the co-trustee has resigned and the new trustee won't assume the role until they see the trust documents. We have looked everywhere and cannot find them. The lawyer who created them back in 1998 has also died and was in practice for himself.

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1 Lawyer Answer

A: (1) I assume you asked the co-trustee who resigned if they have a copy of the trust, or when they last saw a copy or who last had it; if not, start there, and then go back in time to the families of each prior trustee, if any, and ask about old paper files still in existence, that might contain a copy.

(2) How do you know who the successor trustee is if you don't have a copy of the trust that designates the successor?

(3) Contact the deceased lawyer's surviving family members (start with any surviving spouse). Ask whether the lawyer transferred his practice and files to a successor law firm and get that information; if not, then ask what happened to all of his client files (perhaps they are still in storage). Hopefully, if the lawyer's fles are still in existence, you might obtain a signed copy.

(4) Contact each financial institution that holds funds in the name of the trust, and ask if they have a copy (they may have required a copy to open the accounts), of if a copy was ever attached as a PDF to an email to them.

(5) Petition the Court to intervene and pass whatever orders are necessary and appropriate to address the trust and continue its management for the benefit of the beneficiaries:

MD Code, Estates and Trusts, § 14.5-201 - Court intervention in administration of trust

(a) On the invocation of the court's jurisdiction by an interested person, on the court's own motion, or as otherwise provided by law, the court may intervene actively in the administration of a trust, fashioning and implementing remedies as the public interest and the interests of the beneficiaries may require.

(b) A trust is not subject to continuing judicial supervision unless ordered by the court.

(c) A judicial proceeding involving a trust may relate to a matter involving the administration of the trust, including a request for instructions and an action to declare rights.

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