Can a copy of a Revocable Living Trust be used?

Asked over 2 years ago - Sevierville, TN

We cannot locate the original, which was notarized. The beneficiaries all have copies.

Attorney answers (3)

  1. Martin L. Pierce

    Contributor Level 7

    Answered . So long as the copy(ies) are complete and copies of the fully executed Trust, there should be no problem using the photocopy. Of course, if any of the beneficiaries or interested parties are disputing the fact that the Trust was still in existence at the time of death, or if any are saying that the Trust had been changed (e.g., that there is a First Amendment to it or the like), then we have a different story. Feel free to give me a call to discuss.

  2. Steven J. Fromm

    Contributor Level 20

    Answered . I agree with Mr. Carrier. However, you may want to check with the attorney who drafted this dcoument as he or she may have the original. Also, if the trust was signed in duplicate and there is life insurance involved, the life insurance company may have the original.

    Hope this helps. If you like this answer and have a Google account , please hit the +1 sign above. It takes just a second to do this and it would be most appreciated and would help others. Thanks.
    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more
  3. David L. Carrier

    Pro

    Contributor Level 18

    Answered . Most trusts have a provision that photocopies have the same validity as originals... if not, look to local state law.
    Generally, a copy of a trust will be sufficient, especially where no one is contesting the validity/content of the trust... It's different with wills. In probate (with a will) you need the original or the order of the probate court (after a hearing) accepting the copy and admitting the copy to probate...

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