Legal Question in Wills and Trusts in California

Re: Safety of revocable trust

if protection from lawsuits and attachments is a real goal of your mother she should consult with an attorney to develop an appropriate asset protection plan.

Re: Safety of revocable trust

A revocable trust, no matter who the trustee is, is not protection from lawsuits. Nor is changing it to an irrevocable trust such a good idea, since there may be need to make changes while she is alive.

The best thing to do is meet with an attorney to look over her trust and address your concerns based on her estate and what can be done.

Re: Safety of revocable trust

Your mother's property is not safe from lawsuits if she is both the trustee and beneficiary of her own trust. A clever creditor could force her to pay out the assets in a lawsuit. If she is looking for creditor protection she should consider some other alternatives. Depending on the facts, there are a number of things that could be done.