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I am beneficiary of trust created in 2004. Grantor passed in 2006. Lost my copy of trust. Would attorney that drafted have copy?

Brookfield, WI |

I am the beneficiary of a trust that was created in 2004. The grantor passed away in 2006. I lost my copy of the trust. Would the attorney that drafted the trust have a copy or is it beyond the file retention period?

Attorney Answers 3


  1. Wisconsin has a six-year retention period. So, this may fall just outside of that period. However, it's still quite possible that the Attorney has retained this record. It's certainly worthwhile asking for another copy - on the basis that you lost yours.


  2. Most attorneys would probably still have it. If the trust is still active (has funds and has not been terminated) I am sure someone has a copy, but perhaps its a bank or another attorney.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  3. I agree with my colleagues. Most attorneys will still have at least an electronic copy of the trust saved in their electronic files, even though it is not required due to the retention period having expired. The trustee, if not a bank or other attorney, will likely have a copy.

    My responses are of a general nature and not having the opportunity to get all of the background may mean that they are not complete. I may not be a licensed attorney in the jurisdiction where you are seeking advice and is based solely on the laws and my expertise in those states in which I am licensed. Therefore, this advice can provide a good foundation in seeking quality legal advice in your particular area.

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