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Is a money judgment against a trustee valid if the trustee's title is not fully included in the judgment order?

Manteca, CA |

I did not know the trust was a subtrust so the court order lists the trustee's full name but short title.

Thanks,

Attorney Answers 3

Posted

It would be useful to know the basis for the judgment. If it is a surcharge judgment against the trustee, then it would be against the trustee individually. If the judgment is against the trustee for an act or omission taken on behalf of the trust (like selling trust property as trustee), then the judgment is likely enforceable only against Trust assets and not against the trustee individually.

Have a Trust attorney review the judgment and other pleadings that have rise to the judgment.

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Posted

Thank you for your reply. The debt is to a former trustee. This trust is a subtrust but this new trustee is not nor was the trustee of the trust the old trustee was with. I do not think that trust still exists. I filed a motion to clear the question and they all ignored it. Now there is a judgment against my trustee for his trust--but I want to make sure they cannot levy my trust. Thank You--

Posted

A judgment is valid by its very issue. Whether the judgement is against the person him or herself or whether it's against them in a fiduciary capacity as trustee per se is also important. Sit down with either an Estate Planning or Probate Litigation attorney to chart out the right course going forward.

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Posted

You need to look at the judgment to see if the judgment is against the trustee, as trustee of the trust, or just the trustee in his individual capacity.

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Posted

Than you for your reply. The judgment is against the him as the trustee of the trust. there were two trusts. A primary one and this is a subtrust. I think the primary one is closed. The judgment is titled as my trustee to the old trust, even though we filed a petition to correct the title. they did not and now they have a judgment with the wrong trust. Thank you--

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