San Francisco De Las Llagas, CA asked in Estate Planning for California

Q: If the beneficiary in my family trust gets sued in a civil case and loses can the assets be used to satisfy the judgemen

Also can I legally change the family trust to remove them as a beneficiary once legal proceedings have started? Or is that grounds for accusing me of shielding assets improperly? Also so far there are no distributions being given to my beneficiaries.

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1 Lawyer Answer
Joshua D. Brysk
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  • Estate Planning Lawyer
  • Pleasanton, CA
  • Licensed in California

A: Your beneficiary only has a theoretical right to a future benefit. You have the right to change or remove your beneficiaries (and shares) at any time and regardless of the reasons, including keeping assets from their creditors. Also, a trust attorney could help you modify your trust so that the beneficiary could still receive something that is shielded from creditors--yes, that is legal.

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