Legal Question in Real Estate Law in California
Individual Judgement against a property held in Trust
If I have a judgement indvidually, can that judgement be used to attach a lien against my single family residence, if the single family residence is held as an Revocable Family Trust?
4 Answers from Attorneys
Re: Individual Judgement against a property held in Trust
Yes.
JOEL SELIK Attorney at Law
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Re: Individual Judgement against a property held in Trust
I revocable trust does not shield your assets. A judgment against one of the settlors of the trust also affects anything belonging to one of the settlors of the trust.
Re: Individual Judgement against a property held in Trust
Generally yes. There may be other means of protection the trust can offer, however, under the most basic of terms, I must agree with co-counsel. The court will NOT let you use a trust for the sole purpose of hiding assets. It will view it in a manner similar to a "straw", "dummy" or "shell" company.
Please feel free to review some basic trust information on our firm's site at www.No-Probate.com.
If you would like us to review the terms of your trust and give you a better reading and possibly some recommendations, please feel free to contact our office at 626-578-0708.
Thank you,
Scott
Re: Individual Judgement against a property held in Trust
Yes, if the judgment debtor is the trustor of the trust. A revocable trust is for the purposes of estate planning, not asset protection.