In this way, we have hunted more than a trust. Sometimes it works; sometimes not. Sometimes the agent hides. We`ve hired private investigators to find out who`s hiding. The Court of Appeal upheld this. The court found that a document or other document would not be inoperative because of its destruction or loss. On the contrary, the presentation of the original document is excused when it is found that the document has been lost or destroyed and that proof of the contents of a handwriting is permitted if the original has been lost or destroyed. The loss or destruction of the document is determined by the evidence of the search for this document and the inability to find it. The court recognized that real estate trusts had to comply with the law of writing fraud, but this rule does not remove confidence in the functioning of the general rule for lost documents.
The court found that there was sufficient evidence to determine the terms of the trust and its existence. If it is not possible to find a confidence document, it may be necessary to resolve the matter in court. Anyone who has seen the terms of trust will probably have the opportunity to testify in court, which he is. The agent will also likely have to testify or provide other evidence proving what the Trust should do and to whom it should benefit. After collecting this information, you can ask a lawyer to apply for an estate court investigation. California Probate Code Section 17000 (b) (1) allows you to do so. They try to appoint an agent and get a provision on the beneficiaries. Explanations of support may be possible in support of the court`s application. Interesting note: Texas cases have been dealt with with the absence of contracts and agreements, and in the same way that the terms of these agreements can be established by parol evidence.
For example, in Bank of America, N.A. in The Hague, a depositor created a trust account for his son`s training, but the signature card was lost. 37 S.W.3d 55, 58 (Tex. App.-San Antonio 2000, no writ).