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You need to buy an hour of time with an estate attorney. It's the best money I've ever spent. If there are trust documents then your mom needs to find them. Usually a trust is in a binder so if you have one you should know where it is. The trust will name the administrator, successor administrator(s), durable POA, advance health care directive and give directions as to who gets what (beneficiaries).
Nell mentioned that people prepare a trust, but don't transfer assets and that's what I'm dealing with now and it was a bit of a nightmare, but I got it done. If your trust was done correctly all real property should have been transferred into the trust and the grantor as well as beneficiary (grantee) will appear on the tax assessor website -- at least in my county that what happens. I get calls and letters from investors basically asking if there is still fog on the mirror so they can send me offer letters. One thing my attorney did say is that rich zip codes have trusts and poor zip codes have probate.
It's obvious that you NEED an attorney. You don't have to hire him/her to handle the entire estate, but you definitely need to get some background info and a plan of action.
Step #1 - read the links in the first response to you in this thread.
Step #2 - find a copy of the deed to your parents and from your parents to the estate (if that 2nd deed exists).
Find all copies of wills and trust documents, including POAs.
Step #3.
Contact the California Bar Association Lawyer Referral Service for a low-cost initial consultation with an attorney who practices in the area of estate planning and probate. And bring all documents from Step #1 to said initial consultation.
You need an attorney. They will review the will and investigate the trust. Don't assume the will won't need to go to probate. This really isn't something you can do on your own. Every state has different laws. A wills and trusts attorney can help you. Talk on a forum isn't going to do you any good.
so we spent some time late last week and have found the documents. i was able to find the contact info for the attorney who set up this trust however i was not able to get a single answer from their office. I also tried to call another local attorney in the same field to my luck all i got was a very rude "YOU NEED TO CONTACT THE ORIGINAL ATTORNEY". (not very soothing given what i am dealing with)
so we spent some time late last week and have found the documents. i was able to find the contact info for the attorney who set up this trust however i was not able to get a single answer from their office.
So, it sounds like you found the Trust document. Did you find the Deed conveying the house to the Trust? Were other assets transferred into the Trust?
I'm not sure what questions you were asking, but if you just called the office and talked to an office assistant, that may be why you didn't get your questions answered. You most likely need to schedule an appointment to sit down with the attorney who created the trust. They're not in the habit of giving out free legal advice over the phone, if that was the situation.
Did you ask why the office was not able to give you a single answer? Did they not tell you how to get an answer? Not a good sign, but, still, you need to talk with an attorney there. Can you make an appt and go in person?
However long ago that trust was drafted, I can assure you that the attorney does not remember the contents nor have the document at his/her fingertips to be able to provide you with the answers you seek.
As Jack said, you need to make an appt.
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