As part of my estate planning practice, I often meet families who are struggling to manage a loved one's estate after their passing. One of the most common challenges arises when family members cannot locate the trust or will. Today, I want to share some practical steps to address this situation.

A trust or will is a critical document that outlines a person's wishes for distributing their property and managing their affairs after death. Without access to these documents, it can be challenging to honor their intentions. If you find yourself in this situation, here are some steps to consider.

Step 1: Conduct a Thorough Search

Start by searching your loved one's personal belongings and records. Check places like:

• Filing cabinets or desk drawers
• Home safes or safety deposit boxes
• Digital storage accounts or email for saved copies

It's also a good idea to ask family members or close friends if they know where the trust or will might be stored.

Step 2: Contact Their Estate Planning Attorney

If your loved one worked with an attorney to create their estate plan, the attorney's office may have a copy of the trust or will on file. If you know the name of the attorney, reach out to their office for assistance.

Step 3: Look for Clues in Property Records

If your loved one had a trust, it's possible that they transferred real estate into it. Check property records at the local recorder's office for any deeds mentioning the trust's name. This can help confirm the trust's existence and provide useful details.

Step 4: Check the Probate Court

While trusts are private documents, wills may be filed with the probate court. If you cannot find a will, the court in the county where your loved one lived can confirm if one has been submitted.

Step 5: Proceed with Probate If Necessary

If no will or trust can be located, California law treats the estate as "intestate," meaning the court will distribute assets according to state law. You'll need to file a petition with the probate court to begin this process.

Preventing This Situation in the Future

To avoid this situation for your own family, here are a few tips:

• Share the location of your estate planning documents with a trusted person.
• Provide your attorney's contact information to loved ones.
• Use secure yet accessible storage for your trust or will, such as a home safe or digital vault.

LEGAL DISCLAIMER

This article is intended for general informational purposes only. Any legal analysis or other content should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by transmission of information. If you require legal or professional advice, please contact an attorney or other suitable professional advisor. The choice of an attorney or other professional is an important decision and should not be based solely upon advertisements or blog postings.