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Updated over 10 years ago on . Most recent reply

User Stats

33
Posts
40
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Jenna Y.
  • Investor
  • Oakland, CA
40
Votes |
33
Posts

Vacant property - owners unable to locate trust document - SoCal probate/estate planning referral?

Jenna Y.
  • Investor
  • Oakland, CA
Posted

Hello - Trying to purchase an abandoned home - the house is owned by a trust, the owner passed away 15 years ago. We are working with the family to acquire the property. Our escrow company needs a Trust Certification for escrow.  The family contact doesn't remember where the trust document is located anymore. We did a prelim title report and there is no recorded trust. We will continue to dig of course, but what is the recourse if the document is in fact lost? 

Estate planning/probate attorney referrals also very welcome (if that's the appropriate thing). This is a very small deal (especially for California standards), but hopefully more down the pipeline. 

Thank you!

Most Popular Reply

Account Closed
  • Investor
  • Central Valley, CA
3,729
Votes |
6,037
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Account Closed
  • Investor
  • Central Valley, CA
Replied

You'll probably have to go the probate route if you can't find the trust docs.  Intestate probate can kill a small deal if there are multiple heirs or estate debt, especially Medi-Cal debt. So try to find the trust docs.

Who is this family contact that you are working with? Do they believe they are the successor trustee and/or a beneficiary?  

Was the property initially purchased in a trust or put into a trust?  If you look at the deed that put the property into the trust there might be some clues there.  If the deed was prepared by an attorney or notarized at an attorney's office, that might be a clue as to who prepared it. There may be other recorded docs as well that might give clues to who the decedent used for legal help.

If you want to send me the address I can pull the docs and see to see if there are any clues.  My email is in my signature.

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