In order to bring a claim to gain access to the assets of a trust, a creditor must sue the correct party. That party is the trustee, not the trust itself.
Articles about Creditor’s Claims
Assets held in a revocable living trust are generally not protected by creditors. There are many reasons why this is the case.
What should I do if credit card companies are contacting me regarding my deceased loved one’s estate?
Administering a probate in California can be a confusing process for those unfamiliar with the procedures. Unfortunately, failing to understand the responsibilities of an executor, administrator, or family member of a deceased individual can be costly.
The executor or administrator of a California probate estate has a duty to protect and preserve estate assets. Part of this duty involves denying or approving claims in the creditors claim procedure.
A Notice of Claim to a creditor, can make them file for a Creditor’s Claim. Learn about the information a creditor’s claim against an estate must contain.
Personal representatives must deal with creditor claims when administering an estate. View here for more from a Riverside probate lawyer.
San Diego trust lawyers at Grossman Law reveal a powerful tool trustees can use to cut back and eventually halt creditor’s claims against the trust.
San Diego probate and trust administration lawyer Scott Grossman explains how to notify creditors under the California probate code and handle their claims.