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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6848
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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I have several real estate properties that are placed in a

Customer Question

I have several real estate properties that are placed in a revocable living trust as well as onther asset. I recently went to a a small claims sued for not returning $5, 000 of the deposit $ 5,000 to for damage to the home. Even when proof of $ 5000 in damages were shown. The court judge felt that they were more likely back due about $ 2,20 in damages and tenant was due back about $2800.
Am I judgement proof as this property is in a trust?California " small claim law rules " we're used in this matter. It was my understating in this type action regardless off outcome that they can not penatrate "trust" asset for damages?
Where do I stand on this issue. FYI I was sued personally and the trust was not?
Submitted: 7 months ago.
Category: Estate Law
Expert:  Irwin Law replied 7 months ago.
Do you have a question to ask about the court's judgment?
Expert:  Irwin Law replied 7 months ago.
Hello again. I see that I did not fully answer your question. You asked if you were judgment proof because you hold properties in a revocable trust. The answer is you are not judgment proof, and a creditor can go after properties that are held in such a trust. I hope that you will enter a positive rating for my assistance here by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.

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