How do I obtain a copy of my mother’s previous trust?

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How do I obtain a copy of my mother’s previous trust?

I am the co-executor of my mother’s trust. She passed away recently. She changed the family trust to just a trust in her name after my father passed away. She failed to change this information on some real estate documents. We are in the process of selling their home. They say they need a copy of the original trust with my father’s name on it as well as his death certificate. Do we need a lawyer to obtain this information and how long approximately should it take to do? Cost?

Asked on November 24, 2010 under Estate Planning, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, who prepared this trust of which you are the co-executor?  Was it the same attorney or financial planner that prepared the family trust naming your Father?  Then that is where I would start.  Was your Father's estate probated or the trust complied with when he passed away?  Then the attorney and the trustee would have that trust as well.  Trusts are generally NOT filed in court.  They are not public documents like Wills.  As for the death certificate, the funeral parlor that helped with the arrangements can get it and so can you from your state or city department of vital records (it may be called something a little different).  Good luck.


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