Turlock, CA asked in Banking for California

Q: attorney placing legal demand upon bank to freeze trust assets.

Banks recommend a court order inorder to legally protect trust assets for the Superior Court.

Been told an Attorneys legal demand via hand delivery placed upon bank is paper only - has no weight

inorder to protect trust assets - IS THIS TRUE in California ?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Business Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: When it comes to protecting trust assets, it is generally recommended to follow the appropriate legal procedures and obtain a court order to ensure the assets are safeguarded.

While an attorney's legal demand placed upon a bank through hand delivery may be a form of communication, it may not carry the same weight or provide the same legal protection as a court order. A court order is typically issued by a judge after considering the evidence and legal arguments presented.

In California, obtaining a court order to freeze trust assets can provide a more legally enforceable means of protecting those assets. The court order serves as a directive from the court that outlines the necessary actions the bank must take to freeze or protect the assets as requested.

It is important to consult with a qualified attorney who specializes in trust and estate law to obtain accurate and personalized advice based on the specific details of your situation. They can guide you through the appropriate legal procedures and help ensure that trust assets are protected in accordance with California laws and regulations.

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