Illinois Living Trust Property Record
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How to fill out Illinois Living Trust Property Record?
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FAQ
Trusts aren't public record, so they're not usually recorded anywhere. Instead, the trust attorney determines who is entitled to receive a copy of the document, even if state law doesn't require it.
Unlike a will, the contents of a living trust are not a matter of public record. Like most court records, probate files are open to the public.
In California, a trust does not have to be recorded to be legal unless it holds title on real estate. If a trust does not hold title on real estate property, all assets held in the name of the trust are kept private. The trustee maintains a record of all trust property in a trust portfolio.
If you can't find original living trust documents, you can contact the California Bar Association for assistance. Trusts aren't recorded anywhere, so you can't go to the County Recorder's office in the courthouse to ask to see a copy of the trust.
Registration of a living trust doesn't give the court any power over the administration of the trust, unless there's a dispute.To register a revocable living trust, the trustee must file a statement with the court where the trustee resides or keeps trust records.
Today clients who have living trusts normally keep the original copy. Having the attorney keep the original copy of the trust is not as important as keeping the original will used to be. At death, a copy of the trust generally suffices for all parties in place of the original.
If you can't find original living trust documents, you can contact the California Bar Association for assistance. Trusts aren't recorded anywhere, so you can't go to the County Recorder's office in the courthouse to ask to see a copy of the trust.
Legally your Trust now owns all of your assets, but you manage all of the assets as the Trustee. This is the essential step that allows you to avoid Probate Court because there is nothing for the courts to control when you die or become incapacitated.
Trusts are private documents and they typically remain private even after someone dies. The only way to obtain a copy of the Trust is to demand a copy from the Trustee (or whoever has a copy of the documents, if not the Trustee).
