Ask 2 Lawyers: How do I know if my loved one left a Will (or Trust)?

How do I know if there is even a trust or a will well this is an interesting question how do you know if there's a will of our trust now there are some ways that we've discussed before that you can determine if there is a trust out there and once one of the easiest ways to determine if you find a clue I guess as to whether or not there's a trust I would do a title search of the real property more than likely if there's a trust then the settlers had their assets titled in the name of the trust so at least that gives you an indication there's a trust document out there so if you find a deed and it has the name of you know mom and dad transfer this property to mom and dad comma trustees of the mom and dad trust then at least you'll have some indication that there must have been a trust at some time that doesn't mean that you'll find the trust document because those aren't recorded but you'll have some indication another way to do it is to look at financial statements right so if you see a bank or a brokerage account that has the trust name on it that can be another way of finding out that there is a trust somewhere in existence and you just have to find the document what about wills how do you know so theoretically you can find out by going to the local Superior Court in the county that you're in or whether the decedent passed away because the rule is within 30 days of death whoever has a copy of that original wills actually under an obligation under the law of California to take that will and lodge it with the Superior Court this is not done that often but every once in a while it is and if it's done you can go get a copy of the will yeah and it's shocking how rare that actually happens that only usually happens if somebody's gonna open probate and if they don't know from probate usually they won't launch the will but you should at least look because that would be one indication and then if somebody does move to open an estate then they definitely would have to file the will with the court so then you can just go to the court and find it there Albertson and Davidson is here to help you fight for your inheritance check out Alda law calm for our complete library of helpful legal videos and articles from your favorite California trusts and we'll litigation law firm Albertson and Davidson LLP.