Legal Question in Wills and Trusts in California

Re: living trust non-relative - can state take house if debt owed?

You can and probably should act on behalf of the estate to pursue action against the drunk driver. There are steps that you will have to take in that regard. Further, you need to find out whether there are assets that can potentially be recovered from the drunk driver and whether there was any insurance.

The debts will need to be paid before distribution of assets to the beneficiaries of the trust.

Re: living trust non-relative - can state take house if debt owed?

If you are very confused, I would suggest that you seek legal help. Trust administration is not that easy, and you could cause yourself some problems if not done right.

Re: living trust non-relative - can state take house if debt owed?

Your question raises a number of areas of law. Luckily, all of which are part of our regular practice in Trusts and Estates.

Yes, you, or the mother, can sue for wrongful death. However, another issue that is raised is the age of her son.

Much of what you ask is dependent on the terms of the trust instrument itself. It will tell you what powers you do and do not have as Trustee.

If you like, our office can take a cursory review of the trust as it pertains to your issues, free of charge of course, and then I can give you a better idea of what you need to do and if it is something you can accomplish without legal assistance.

If this is something you would find beneficial, please feel free to contact me at my office at (626) 578-0708 extension 4. I can also be reached through our firm's site at www.No-Probate.com.

Scott Linden

Re: living trust non-relative - can state take house if debt owed?

You efinitely half numbers numbers and issues which should be dealt with in person with an attorney who has a expertise in Probate/lititagation attorney. There is no question that you have a wrongful death claim against the driver, and who is hopefully insured. Additionally, you need advice as to the trust in dealing with the Internal Revenue Service and other issues. Do not sign anything, do not agree orally with anyone until you get good advice from a knowledgeable attorney who you have seen in person. Write all your questions down and take notes as to what he/she recommends to you. This is the best advice I can give you and you should act us soon as possible.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: living trust non-relative - can state take house if debt owed?

There are many things you can do. Yes you can sue driver. There are many protections and steps for you to take.

JOEL SELIK Attorney at Law

800-894-2889 760-479-1515 702-243-1930

www.SelikLaw.com

Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker

CONCENTRATING IN LITIGATION: REAL ESTATE, ELDER ABUSE, APPEALS, AND COLLECTIONS Personal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

If you send a lawyer or law firm email, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via email. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties.

Re: living trust non-relative - can state take house if debt owed?

in this situation the advice and assistance of an attorney is essential. please contact me if you are interested in an initial consultation to determine the scope of what is possible.