QUESTION

I have 3 pieces of property 2 in NC &1 in GA. I have lost the revocable trust document dated 6/4/04. I have a will. Can they acquire the property OK?

Asked on May 08th, 2017 on Wills and Probate - Georgia
More details to this question:
Since the deeds all say owned by the revocable trust does the trust document have to be shown? There is no copy of the trust registered anywhere. I had the only one. My will gives the directions to disperse the property.
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2 ANSWERS

Wills Attorney serving Alpharetta, GA
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Have you contacted the attorney who prepared the trust to see if they have a copy? (I hope you didn't do it yourself and that you used an attorney.) If you really can't find either the original or any copy of your trust, your best bet may be to get a good estate planning attorney and have them prepare an amended and restated version of the revocable trust for you, instead of hoping that things will be okay even though the original trust document has been lost. The deeds simply state (assuming they are done correctly) that the Trustee of the revocable trust is the owner. That does not tell anyone what is supposed to happen with regard to the property under the trust, however. That's what the trust document itself does. Without that, no one knows what is supposed to happen, and it may create title problems with regard to the real estate. A Will that works with a revocable trust normally just pours the probate assets, if any, over to the trust for the trust to distribute, so it does not normally replace the trust document. Having an amended and restated trust done when you can't find the original one is not a perfect answer, but it may be the only reasonable answer. Best wishes to you.
Answered on May 09th, 2017 at 6:04 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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If you created the revocable trust and the will, and you placed the land into the trust, someone will one day need the trust.  Therefore, if you do not want the trust any further, simply quit claim the real estate from the trust back into your name.  If you want the trust, you will need to create a new trust instrument.
Answered on May 09th, 2017 at 5:09 AM

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