Legal Question in Wills and Trusts in California
We have an adult son living independently in another state. He is suffering from mental problems and is probably incurring expenses for ambulance transportation and hospital confinement. He is one of the beneficiaries of our living trust. Is it conceivable if his creditors are aware of this that they could try to attach our estate for recovery of those costs? is there any way for us to preempt that from occurring?
2 Answers from Attorneys
You can amend your living trust to leave his share in trust, with creditor protection. If your son is disabled and eligible for public benefits, this should be a Special Needs Trust. I recommend that you discuss this with the estate planning attorney who drafted your living trust.
They can reach anything that he is legally entitled to receive at the time of attachment. So if he is only a future beneficiary, they cannot attach anything, but once he has a vested interest in assets or income, they can get it. Mr. Cusack is right; you should review your trust and entire estate plan with an attorney in light of these developments.
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