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Questions Answered by Ravi Patel
1 Answer | Asked in Estate Planning for California on
Q: Can I remove a beneficiary on my family trust if he’s involved in a lawsuit?

If a beneficiary on my revocable family trust is currently involved in a civil lawsuit can I remove them from the family trust? Or would a court consider this as trying to hide assets from creditors?

Ravi Patel
Ravi Patel
answered on Jan 14, 2023

A revocable trust can be amended at any time for any reason. Most trust also have "spendthrift" terms that clarify that a beneficiary's' "share" is not available to creditors until it is actually distributed to them. If your trust has that kind of term, you would... View More

2 Answers | Asked in Estate Planning for California on
Q: Are all named beneficiaries entitled to receive their own copy of the trust deed once the trustor has passed away?

My grandmother had a revocable living trust in place and has recently passed away. She designated a friend as her successor trustee and named my father and my uncle, and all four of her grandchildren as beneficiaries in the trust deed. I've not actually seen the document, but I'm told it... View More

Ravi Patel
Ravi Patel
answered on Jan 14, 2023

If you are a named beneficiary of the Trust, even just 1%, then you are entitled to a copy of the full terms of the trust terms upon request. I would suggest making a written request, ideally by e-mail or letter, and then consulting an attorney if the trustee continues to refuse.

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2 Answers | Asked in Estate Planning, Probate and Small Claims for California on
Q: collect a court order debt in small claim from the deceased access or estate. Court Advisor me to file correct form

I do Not Know What Form to file to continue collecting the debt owed to me

Ravi Patel
Ravi Patel
answered on Jan 14, 2023

Your question is not entirely clear, but it seems like you may need to file a "creditors claim" if the decedent has a probate open. If not, you may have to open a probate for them. But that could be more of a hassle and expense than you really want.

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