If a paralegal set up a trust for your mother and she passes away and?

Question

you are a beneficiary ,is the information in the documents available through the paralegal that set it up?There was 1 copy of it and we cant locate it.(we being brothers and sisters)

Answer 1

If a paralegal set up a trust for your mother and she passes away and you are a beneficiary, is the information in the documents available through the paralegal that set it up? There was 1 copy of it and we cant locate it. (we being brothers and sisters)"

There is no quick answer to your question.

Generally speaking, paralegals who are not under the direct supervision of an attorney do not draw up trusts since such work is so legal in nature as to require the services of a licensed attorney. (That doesn't mean paralegals aren't capable, just that most states would consider it the unauthorized practice of law.) But if this paralegal did it, a copy should have been saved. More importantly, the paralegal should know who was appointed the Trustee. Start there.

Next, who administered your mother's estate? They would know about any Testamentary Trusts and about other assets that your mother possessed that were transferred into a then existing trust.

If that doesn't work out, then you find the money. The trust's assets must be held somewhere-- in a bank, with a brokerage firm, etc. At one point in time, your mother had assets that were transferred into the trust. If you can't find the actual trust agreement or the trustee, then you might be able to trace the assets. And whoever holds the assets should have a copy of the trust agreement.

If you don't have any luck with the paralegal, the estate's administrator, or trailing the assets, then it might be that the trustee is trying to misappropriate the trust's assets. Contact your local State's Attorney or District Attorney and see what they can do to stop that potential fraud.

Answer 2

It should be. She should at least be contacted to find out who the trustees were designed to be, because the trustee would have a copy of the trust.

And I suggest you get going on this *very* soon. I'm going through something similar right now and you just can't even imagine what a horrific time we're having getting the trustees to "play ball." The first trustees decided they didn't want to be trustees and then really screwed us when we tried to find another trustee. It's too long to go into now, but trust me. Get going on this.

If you have any problems, you need to hire an attorney to help you find out who the trustee is and what is contained in the trust.

Incidentally, there is never just one copy. Maybe your mother only had one copy, but there are copies elsewhere - namely with at least the trustee and if the paralegal is worth a dang there will be one with her (or him).

Good luck.

Answer 3

The paralegal should have a copy available which you can have access to. If it is a state that does not allow paralegals to prepare legal documents, the paralegal will not want to cooperate.

Answer 4

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