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?
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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 9 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.
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