Legal Question in Wills and Trusts in California
My mother just passed away. She had a living trust with myself as the trustee and my 13 year old daughter and I as beneficiaries. My mother was in an auto accident about a year ago and the case has not yet been settled, they go to trial in January. The other party is sueing my mother as well as the county and the transportation department for unsafe road. Can they come after my mothers assets that are in the trust? What is my obligation to notify them? Thank you.
2 Answers from Attorneys
Your question raises a lot of issues and cannot be answered with the limited information you provide. First and foremost is whether or not your mother is insured, and if so if the policy limits are higher or lower than the plaintiff's demand. If she was adequately insured, then you shouldn't have any problems. If she was uninsured or under-insured, then I would have to review the trust documents and financial handling of the trust to determine if the assets can be reached. In any case, you should notify the attorney representing your mother right away, because the court in the accident case does need to be notified of your mother's passing. There will be some amendments and other procedural details that may be needed to have the case proceed correctly. I'm sorry for your loss.
If your mother was insured, there is most likely an attorney handling the case on her behalf. That attorney will notify the plaintiff, through the plaintiff's attorney. I would find that attorney, and ask that attorney all of your questions.