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They ask for my tax returns, etc. I have understood that everything I have in a Living trust is safe. I guess not only the discovery questions but how safe is my L T as far as a judgement against me. Can they attach to my L T
I assume your assets are in a revocable living trust. If that is the case, your assets in a living trust are not safe. They can be obtained by a creditor it just takes a little more time as they have to get what is called a charging order.
Unless you have already lost the case what relevance does your financial condition have to the case? Normally that type of information is only available after a judgment is entered.
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
A living trust is normally revocable because you as grantor can put assets in, take assets out or modify the terms o f the trust as you chose. If you cannot make any changes and cannot remove any assets in the trust then it is irrevocable, otherwise it is revocable.
You would have to tell me what the lawsuit is about before I can adequately respond on whether you have a basis to object to the discovery demand.
BAsically, their position is that they need to show that either you had the resources to pay off the mortgage so the property would not be foreclosed or that you lacked the resources and therefore you took the money knowing you could not clear title. In either case they would be entitled to get discovery of your assets as relevant to the case. So their demand in this case is proper.
As I said, unless the assets are in an irrevocable trust rather than a standard living trust, the assets in the living trust can be reached by creditors.
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