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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 34497
Experience:  30 years experience in the practice of estate law.
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Only the trustee of an irrevocable trust is sued (however,

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Only the trustee of an irrevocable trust is sued (however, the Trust is not sued)
If the trustee is not an attorney, can the trustee represent herself/himself in the Court?
Thank you.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

A trust can only be represented by a licensed attorney in court. The trustee may not represent the trust unless they are also an attorney.

See the following opinion:
http://www.gpo.gov/fdsys/pkg/USCOURTS-caed-2_12-cv-02058/pdf/USCOURTS-caed-2_12-cv-02058-1.pdf

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JudgeLaw
Customer: replied 4 years ago.

Thank you for your response.


 


"xxxxx (name of individual), trustee of ABC Trust" as defendant.


 


Is the individual xxxx is sued or


Is only the trustee is sued or


both xxxx as individual and xxxxx as trustee of ABC Trust are being sued? Thank you.



 

The trust is sued as the named defendant. The trustee is named, not in a personal capacity, but in their capacity as trustee. But the actual defendant is the trust, unless the trustee has done something in violation of their fiduciary duties.

I hope this is helpful.

Thank you.

JudgeLaw
Loren and 2 other Estate Law Specialists are ready to help you
Thank you for your positive rating of my service to you and your generous bonus. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-JudgeLaw/
          

Best wishes and good luck to you.

If it is not too much trouble, Holly, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
Hello Holly,

I'm just following up with you to see how everything is going.
Did I answer your question?

JudgeLaw
Customer: replied 4 years ago.

The Trustee is not = the Trust, correct?


Thank you.


 

Yes, the trust is an independent entity in its own right. The trustee is just the thing which administers it.

Thank you.

JudgeLaw
Loren and 2 other Estate Law Specialists are ready to help you
Thank you again, Holly, for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser): http://www.justanswer.com/law/expert-JudgeLaw/




Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.