89-Year-Old Widow Loses Home Equity Access After Dementia Destroys Trust Documents
Updated
Updated · OregonLive · Sep 12
89-Year-Old Widow Loses Home Equity Access After Dementia Destroys Trust Documents
1 articles · Updated · OregonLive · Sep 12
Summary
An 89-year-old bedridden widow cannot secure a home equity line or property-tax deferral because the trust document tied to her house is missing.
The problem traces to her late husband’s dementia: after a 2014 diagnosis, he destroyed key trust records before dying in 2020, leaving no copy and no attorney information.
Jennifer Sawday, an estate-planning attorney, said the family should pull the recorded deed and check who submitted it, since that field may identify the lawyer or firm that drafted the trust.
If no copy surfaces, the widow’s options depend on state law; in California, courts can be asked to establish a trust’s terms when the original document cannot be found.
The case underscores that estate plans need review after major life changes such as a move or dementia diagnosis, and at least every three to five years.