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Must an attorney who drafted a trust retain a copy after the execution of the trust?

Horicon, WI |

Misplaced my copy of trust. Contacted attorney who drafted trust. Was told he did not have a copy because it's his office policy not to keep a copy of executed trust. Is this normal?

Attorney Answers 3

Posted

It happens. I have heard of policies like this. I believe it to be a bad business practice and a poor example of client service. I cannot tell you how many times I get calls from clients indicating that they have misplaced their documents. I always keep an extra signed set of copies for this reason. Some attorneys prefer to keep only digital files. Some do not keep copies of documents, at all.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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5 comments

Asker

Posted

Wow, wish you had drafted this trust! What can I do now? I twice mailed a written request to the trustee but they have not responded.

James P. Frederick

James P. Frederick

Posted

You may need to have an attorney write to the trustee in order to get their attention.

Asker

Posted

I will do that. What type of attorney should I be looking for? Estate, trusts, probate? Something else?

James P. Frederick

James P. Frederick

Posted

Estates, trusts and probate are generally all handled by the same kind of attorney. If you find someone who deals primarily with estate planning and probate, you will be on the right track.

Asker

Posted

Thank you!

Posted

I agree with Mr. Frederick that whether or not this is normal, it is not good customer service. As a matter of prudence and good record-keeping, the attorney who drafted the trust should have at the very least kept copies of the documents, even if not signed. You never know when a situation like this is going to come up.

This answer is in response to a general legal question and is intended for informational purposes only. It does not constitute legal advice. Use of this website and its e-mail link does not create an attorney-client relationship with Attorney Mekdsy. Messages with confidential information should not be sent to Attorney Mekdsy via the e-mail link. The information provided in this answer must not be used as a substitute for consulting with an attorney. Brian Mekdsy is licensed to practice law in the Commonwealth of Massachusetts only.

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Posted

I agree that it is not normal.

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/

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