QUESTION
where is the will or other trust?
Asked on Nov 04th, 2013 on Trusts and Estates - California
More details to this question:
I received a copy of an unrecorded trust from BofA yet I didn't get a copy of the will. Mother died in 1993. I know that there is more to this trust i actually remember seeing a will/other trust in the past. Where and how can i find this info out. I also wanted to know if the notary and the entire contents of the trust except the actual signature itself even the notary's acknowledgement has my Mother's name misspelled is this valid?
1 ANSWER
I am guessing that B of A is the trustee and that is why they sent you a copy of the trust. By law (California Probate code 16061.7) the trustee is supposed to send a copy of the trust within 60 days of death (or notice of the death). That is, assuming California law applies. This provision does NOT apply for the will or other documents. Thus you may not get a copy of the will from them. They should lodge the will with the Court and I believe that would be a public record there so you could get a copy. Typically a misspelled name is not going to be a reason to invalidate a document.
Answered on Nov 05th, 2013 at 10:31 AM