Portland, OR asked in Estate Planning for Utah

Q: How do I find out if I was named in a trust? How do I find out if my kids were on a trust?

My dad passed away and prior to his passing, his condo burned down and needed rebuilt. Is there somewhere I can search to find the trust my dad said was set up? I don't have any idea who the trustee is or the executor of his will. I'm concerned his will was destroyed in the fire a year before his passing.

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2 Lawyer Answers

A: The county recorder will have a record of the most recent deed on the property. This will show if the property is held in a Trust. If it is not in a Trust, you will need to go through Probate to transfer the property.

If you can't find a copy of the Trust, you may have to do a Probate anyway. But first look at the deed, and if it mentions a Trust, the deed will often have information about the law firm that prepared the Trust and will likely have a copy.

Wesley Winsor agrees with this answer

Wesley Winsor
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Answered

A: I concur with Mr. Prigmore. Additionally, I would mention that while it is possible, it's quite rare for individuals to file copies of their will or trust with the Court after signing them. Most people value their privacy and choose to keep these documents with their personal belongings, instead of filing them with the Court, to prevent situations like this.

I hope this information is useful to you.

Sincerely,

Wes

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