Legal Question in Wills and Trusts in California

Judgement v. living trust

If I had a living trust (which housed my auto, house, bank accounts etc) and a judgement was granted against me. Can they still put a lien on the property or would the judgement/lien be put on me as an individual? If the will included a clause that no debetors would be paid from estate, unless agreed my trustor--does this make me virtually judgement proof?

Hope my question makes sense. Thanks :-)


Asked on 7/11/06, 4:47 pm

3 Answers from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Judgement v. living trust

you need more than a revocable trust. see:

http://www.taxrights.com/assetprotection.htm

Read more
Answered on 7/12/06, 10:51 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Judgement v. living trust

Sorry, placing your assets in a revocable trust does not make you judgment proof. A living trust is considered an extension of you, and the assets therein could be attached to satisfy a judgment.

Read more
Answered on 7/11/06, 4:55 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Judgement v. living trust

Probate Code Section 18200 probably applies and allows them to reach your living trust assets.

Read more
Answered on 7/11/06, 7:32 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California