Legal Question in Wills and Trusts in California

If a Grantor is sued, can they get into a revocable living trust

My understanding is that a living trust is a living document that survives after the death of the grantor. Since it is a piece of paper, it can not die. The living trust owns the assets you place into it, and you own the living trust.

I would think that this would offer the Trust no protection if the Grantor was sued, however I see people selling trusts kits as a way to prevent law suits, such as I see here: www.trustsnow.com/protect.htm

who is correct?


Asked on 7/21/00, 7:25 am

1 Answer from Attorneys
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: If a Grantor is sued, can they get into a revocable living trust

You are correct that a transfer into a revocable living trust offers no protection from creditors. It is a probate avoidance and a way to avoid a conservatorship in the event of a disability on the part of the settlor.

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Answered on 9/14/00, 1:47 pm


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