If my father put his properties in a Trust but can’t find the Trust agreement and the attorney is now deceased, how can he take his properties out of the Trust?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my father put his properties in a Trust but can’t find the Trust agreement and the attorney is now deceased, how can he take his properties out of the Trust?

Asked on February 19, 2015 under Estate Planning, Illinois

Answers:

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

Answered 6 years ago | Contributor

New deeds would have to be executed and filed naming the new owner of the property or properties.  The issue is, of course, authority to do so.  Now, the attorney's family had to maintain the file for a certain number of years (set by state law; NY is 7) and advise you where the files were going.  I would contact the family and see if they sent them to another attorney or stored them to find tha agreement. If you use a title company to file they may also have the agreement.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption