I would check with the State Bar, in relation to the attorney. It is possible that another lawyer or firm has taken over his practice/files. Barring that, you should still be able to handle this transaction. Normally, you do not need to record the Trust, to prove that you have legal authority as trustee.
Assuming the property is titled in the trust in the first place, you should be able to execute a "Certificate of Trust Existence and Trustee Authority" that would be acceptable to the title company. This would reference the date of the trust, and the fact that you certify you are the trustee and that no changes have been made to the trust. You would also normally need to include the legal description of the property and the applicable portions of the trust related to the trustee's authority to sell the real estate. That last one would be problematic for you.
This is not a situation which you should allow to continue. Even if you are able to get this transaction done, you are going to want/need to have your documents, at some point. If you cannot locate the attorney or successor to the attorney, then you should consult with a new attorney and have the trust "restated." This is an amendment that basically replaces the original trust agreement. You do not want to set up a NEW trust, because presumably all of your assets are held in the current one. The lawyer could also help you through the current situation, if need be.
Good luck finding your documents! This is a good (and hopefully not expensive) lesson for you. If you are having trouble locating your own documents, the people who are to take over if you die or become incapacitated will have an even tougher time. You should make sure that these people know exactly where to find your documents, if something should happen to you.
***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!
As Mr. Frederick has answered, your first and best option is to track down the attorney through the CA State Bar. The website is here: http://www.calbar.ca.gov/. Your second best option is to amend and restate your trust if you cannot clear title through a Certificate of Trust. If the property is not actually titled in your name, as trustee, but simply in your name -- you don't have an issue. Good luck.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
I agreed with the other attorneys. Some questions - Who is telling you that you can not sell this property without having the original trust documents? Do you have a COPY of the original executed trust documents? Is the property you want to sell in the trust (check the current title.deed)? If so, does the name of the trust on the title/deed have your name as the trustee? As the maker of the trust, you have the authority, as trustee, to dispose of real property contained in the trust. If it has been 15 years since you have done any estate planning, you should consult with an attorney and consider doing an Amendment and Restatement of Trust. Basically, you create a completely new set of documents, but keep the original name of the trust you executed 15 years ago (less costly). I suggest you consult with an attorney. This is legal information, not legal advice.
If you do not have a copy of your title/deed, let me know. I can pull it for you.
Craig M. Scalise, Esq.
Attorney and Counselor at Law
Quality and Integrity in Trust and Estate Planning,
Probate, Special Needs Planning, and Elder Law
Thousand Oaks/Westlake Office
2629 Townsgate, Suite 235
Westlake Village, CA 91361
Simi Valley/Moorpark Office
2655 First Street, Suite 250
Simi Valley, CA 93065
Accredited Department of Veteran Affairs
Serving Clients in Ventura and Los Angeles Counties
Mr.Scalise may be reached at 805-244-6850 or by email (email@example.com). My responses to questions posted here intended as helpful legal information not legal advice. The information I post does not create an attorney-client relationship. Mr. Scalise is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him/her. Mr. Scalise provides “unbundled” services for specific assistance with a specific issue.O work with clients throughout California.
Try to locate the attorney who drafted the trust and see if a copy of your trust is available. If you still cannot get the trusts it would be advisable to hire an attorney to review the existing deed, amend and restate the trust and get further legal guidance.
Your simple solution would be to restate the trust.
This is very common when originals are lost.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.