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Is Trust Protected against lawsuit?

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JR752

Junior Member
What is the name of your state? Oklahoma.

My 85 year old father in law was in a car accident last July and died within a few days of that injury. He was hit by a woman who was driving with a suspended license. The accident was his fault in that and he was behind and following a rather large truck and did not see the light change when they were at an intersection and the woman hit his car. A former highway patrol officer and this was his first and only car accident of his life. Anyway, my husband's family inheritance was in a bank trust that has already been distributed to him and his sister. Now, of course the woman has decided to sue. My question is, can my husband's family be sued for this trust money? My father in law had very good insurance and I'm sure they're going after that, but we received a phone call today from an attorney who is representing this 'lady' and all he would say is that he is contacting everyone. Is my husband's inheritance in jeopardy from someone who legally shouldn't have been on the street to begin with?
 


seniorjudge

Senior Member
Q: My question is, can my husband's family be sued for this trust money?

A: Yes.

Q: Is my husband's inheritance in jeopardy from someone who legally shouldn't have been on the street to begin with?

A: The court will have to answer that question.
 

JR752

Junior Member
Even if the trustee is the bank? Wouldn't the bank be the one sued ? And if so, what if the money has already been distributed to the beneficiaries?
 
Even if the trustee is the bank? Wouldn't the bank be the one sued ? And if so, what if the money has already been distributed to the beneficiaries?
The bank didn't run the light, therefore the bank wouldn't be a party to the suit. As far as the money, since you state it has been distributed to your father, then it is one of his assets and is fair game in a civil suit.
 

Betty

Senior Member
The bank didn't run the light, therefore the bank wouldn't be a party to the suit. As far as the money, since you state it has been distributed to your father, then it is one of his assets and is fair game in a civil suit.
She said the bank trust money was distributed to her husband (not father) & his sister. Re the life ins., we don't know who are the beneficiaries.
 

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