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By: Scott Grossman on January 22nd, 2018

7 Steps To Take In A California Irrevocable Trust Litigation Matter

As a trustee of a California irrevocable trust being sued by a creditor, you may be uncertain where to turn. Keep in mind that many actions and conversations can be used against you in the lawsuit. Therefore, it is very important not to engage with the alleged creditor without first speaking with a knowledgeable attorney. Having a legal professional in your corner can help to ensure that the trust assets are protected. A professional will ensure that as a trustee you are actively and responsibly safeguarding the trust assets. Most trust instruments will allow for a trustee to seek legal representation when it is necessary.

7 Steps To Take In A California Irrevocable Trust Litigation Matter:

  • First, contact an experienced San Diego probate litigation lawyer.
  • Obtain a complete copy of the trust and all amendments or modifications.
  • Then, obtain information relating to the alleged debt owed to the creditor.
  • Create a timeline detailing the date of the trust creation, when assets were transferred, and when alleged debts were incurred.
  • Gather all communication by and between the trustees of the trust, the decedent or grantor, and the alleged creditor.
  • Obtain a copy of the complaint.
  • Do not engage in any conversations or negotiations with the creditor without first consulting with your attorney.

If you have not worked with an attorney in the past, you may be unsure as to what you can expect. Our article, How to Prepare for Your Initial Phone Consultation, offers more information about how to ready yourself for your first meeting. For further guidance, consult with an experienced San Diego probate court attorney today. Call the Grossman Law Firm at (888) 443-6590 or fill out a contact form for a free consultation. We would love to hear from you in order to further assist you.