Q: Do Trust Promissory Notes belong in Civil or Probate Court?
Need to know what type of lawyer I need. These are unsecured loans worth $60,000 to the Trust.
A:
My best answer is that you need an attorney to look over the Promissory Notes to tell you what kind of lawyer you need.
This is partly due to the fact that you are calling them "Trust Promissory Notes." Another complication is you do not say which type of trust you are administering. (The process in a decedent's administrative trust may differ from a trust established to handle a minor's finances which will differ from a revocable living trust while the settlor/trustee is alive.)
Assuming that they are a regular promissory note with the Trust as the lender, you may be in probate or civil court.This is because the probate code has a specialized procedure for dealing with funds owed to a trust. But this procedure does not cover everything.
That being said, any experienced attorney who handles trust and probate administration should be able to help you. In fact, if you are currently administering a trust (other than your own trust for estate planning), the advice of a lawyer is recommended.
If you do not know where to start looking for a lawyer, try your local county bar association. Most California county bar associations offer a referral service where you can receive a free or low cost initial consultation.
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