What to do if my mom and dad had a living trust but lost the documents?

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What to do if my mom and dad had a living trust but lost the documents?

The person who drafted the living trust cannot be contacted. Since my dad died several years ago would it be better to make a new living trust? If so, do we revoke the original on or just restate the new one. How do we find information about the original living trust?

Asked on October 12, 2011 under Estate Planning, Hawaii

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Good question. If the trust that your parents lost the paperwork to was a revokable trust, then they can have a brand new one drafted preferably by a competent attorney who has much experience in Wills and Trusts.

The new trust will have to be a complete trust not just an amendment. The signtaures will either have to be notarized or witnessed by two disinterested witnesses and the trust funded where assets of your parents are put in the trust's name if not already.

If an attorney drafted the original trust of your parents, the best way to ascertain where he or she is located is to do a search in the state where that attorney was practicing online under the state bar website. You should be able to then locate the attorney and make contact with him or her about your parent's trust.

Good luck.


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