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What Happens If You Lose Your Trust Document?

May 30, 2023 By Gratia P. Schoemakers, Esq. Leave a Comment

Losing a trust document can be a stressful and frustrating experience. Trust documents are legal instruments that govern the distribution of assets and property, and losing them can complicate the administration of a trust. However, there are steps you can take if you lose your trust document.

The first step is to contact the attorney who drafted the trust document. They may have a copy of the document or be able to help you obtain a copy. If the attorney is no longer available, you can contact the state bar association for a referral to a trust and estates attorney who can help you.

Trusts

If you cannot locate a copy of the trust document, you may need to petition the court to declare the trust document lost and establish a new trust. This can be a complex and time-consuming process, and it’s important to work with an experienced trust and estates attorney to navigate it.

To petition the court, you will need to provide evidence that the trust document is lost or missing. This may include an affidavit from the trustee or other witnesses who can attest to the loss of the document. You may also need to provide evidence of the terms of the trust, such as bank statements, deeds, or other documentation that can help establish the trust’s assets and distribution.

Once the court has declared the trust document lost, you can work with your attorney to establish a new trust. This may involve drafting a new trust document and transferring assets into the new trust. It’s important to ensure that the new trust document accurately reflects your wishes and that all assets are properly transferred to the new trust.

Losing a trust document can be a challenging experience, but with the right legal guidance, you can navigate the process and ensure that your trust is properly administered. If you have lost your trust document, it’s important to contact an experienced trust and estates attorney as soon as possible to discuss your options and protect your interests.

We have helped hundreds of people get their probate and trust administration; we can help you too! Our office is located at: 1100 East NASA Parkway, Suite 420J, Houston, TX 77058 you can also call our office at 832.408.0505 and book your Legal Strategy Session today!

Filed Under: Trusts Tagged With: Trust

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