Legal Question in Wills and Trusts in California

I have Huntington disease on

in 4/2011 I had an auto accident

she sued me not AAA

our insurance covers $200K she wants 400K

we own 3 properties will a living make we properties are covered?


Asked on 5/18/15, 3:11 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

Not sure if this is what you are asking, but holding title to your property in a living trust will not provide creditor protection.

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Answered on 5/18/15, 3:21 pm
Aaron Feldman Feldman Law Group

First of all, you are the proper named defendant in a lawsuit. Your insurance should defend you, but as you can see from this situation the plaintiff can sue for more than your coverage.

Second, did you own umbrella insurance coverage that might cover amounts over $200k

Third, people often demand large amounts when the real value of the case is much less. For example, here they have demanded $400k, but a jury might not award them anything close to that amount.

Finally, transferring assets into a living trust does not protect them from creditors. Any other transfers made after knowing there is a claim against you could be deemed fraudulent transfers, so do not take any drastic measures without hiring an attorney to give you legal advice.

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Answered on 5/18/15, 6:00 pm


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