Enforcement Against Revocable Inter Vivos Trust Interest

Enforcement Against Revocable Inter Vivos Trust Interest: Property in a revocable inter vivos trust is subject to claims of creditors of the settlor-debtor during the debtor's lifetime to the extent of the debtor's power of revocation. [Ca Probate § 18200] Upon the judgment debtor's death, property held in an inter vivos trust created by the debtor is generally exempt from enforcement under the EJL (e.g., no writ of execution may issue). Instead, the judgment creditor must timely file either (1) a claim in a proceeding initiated by the trustee to administer trust creditor claims (or in the debtor decedent's estate if a California probate proceeding is pending), or (2) if no trust or probate proceeding is initiated, an action against the decedent's beneficiaries pursuant to Ca Probate § 19400 et seq. [See Ca Probate §§ 19300(a) & 19003(a)]

SK Judgment Recovery Services P: (949) 302-7041F: (949) 271-4860
Nationwide Judgment Recovery and Collections Service • We Collect from Deadbeats and Con-men, Getting the Money you Won

Need to Collect on a Judgment?

Has a recent court judgment or settlement left you with cash, but you're unable to recover? SK Judgment Recovery Services has helped recover millions of dollars to deserving clients who need help collecting from the deadbeats and con-men that owe them money. Tell us about your judgment and we'll give you a free consultation! Fill out the form to get started!