Legal Question in Wills and Trusts in California

If my house is in a living trust can I be sued personally for an injury that occurs on the property?

Asked on 3/10/11, 1:02 pm

3 Answers from Attorneys

Frankie Woo Fiducia Legal
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Yes. The law treats the trust property as if it is your property, so the settlor is not protected from liability just because the property is placed in a trust. The living trust itself is not a vehicle for asset protection from creditors and judgments.

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3/10/11, 1:07 pm
Eliz. C. A. Johnson Eliz. C. A. Johnson
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When you establish a Trust, your attorney will tell you to contact your insurance company to add yourself as Trustee to the policy as a matter of course. It is not accurate to say a trust is not a vehicle for asset protection from creditors though. It can be. However, the injured person will be suing you in any event. Your carrier will defend and the plaintiff may need to amend to name the Trust and you as Trustee but the law suit goes forward.

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3/10/11, 2:31 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.
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Yes you can. You can take other steps to protect yourself, the cheapest of which is to have sufficient insurance - at least a couple of million dollars of primary and excess liability coverage. There are other things that one can do but you have to be careful about fradulent transfer issue as well as issues relating to any mortgages you may have on the property.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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3/10/11, 3:10 pm

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