Dear Liz: In a recent column, you quoted an estate planning attorney who suggested ways to find a copy of a living trust after a parent’s death. I have no quarrel with her advice, but suggest a simpler option to consider: See if there is a bank safe deposit box in which such a trust might be located.
Older individuals tended to keep safe deposit boxes for decades, and if a child finds a key in the living mother’s possession, that might be a good place to look for the missing documents.
Answer: It’s worth a shot.
The parent in question, who suffered from dementia, destroyed information related to the living trust, including the document itself and the name of the attorney who drafted it. Estate planning attorney Jennifer Sawday suggested checking the deed to the parent’s home, since the attorney or law firm may be listed as the party that requested the deed be recorded when the home was transferred to the trust.
Estate planning experts typically advise against storing living trusts, wills and other estate documents in safe deposit boxes, since banks may restrict access after a death and delay administration of the estate. In this case, though, a safe deposit box might have protected the documents from the parent’s destructive tendencies.