Can You Freeze Trust Assets During a Trust Lawsuit?

So, you think the Trust assets will be locked down once you file your California Trust lawsuit? Think again. The law of freezing Trust assets during a Trust litigation is not so easy. While it may make sense to freeze the Trust assets during a lawsuit, that does not happen automatically. In fact, it may not happen at all.
In this video, partner Keith A. Davidson discusses the options that beneficiaries have to seek a freeze of the Trust assets during a Trust lawsuit.
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[@theguitarcarpenter3574]

I have watched all your videos and find your help invaluable. Currently, in a Trust Case in Orange County as Beneficiary against a dishonest Trustee Brother. It takes a long time for court process (as your videos point out) and involves property, banks, stocks and Fraud against Trust. Your helpful video keeps me focused and prepared for next hearings and events. Thanks.

[@trackmastersdj]

Hey, you guys have the best KZbin channel concerning this type of subject matter. Can you upload a video explaining the full Probate process if the Trust grantor didn't fund his/her Trust or if there's a pour-over will? How's their home and other assets all go into the Trust and distributed to beneficiaries? Thanks.

[@trackmastersdj]

I know a Plaintiff in a (pending) Trust dispute case that can't get any lawyer to handle her case on contingency. Why are the laws so broken that a bad Trustee can so easily get away with robbing his own family with a fraudulent Trust? Why is there no recourse in Trust dispute cases when a Plaintiff can no longer afford legal representation? The court system is so unfair that it's sickening.

[@AlDavLaw]

That can be true in some cases. Unfortunately, the same is true in nearly all aspects of civil law--such as breach of contract, employment law, etc., you have to hire your own lawyer and if you can't then how do you find justice? That's why people need to take their estate planning more seriously. If you set up the right plan from the start, and don't have an inexperienced person act as Trustee, then things go much smoother. Bad choices lead to bad results. And since the Trustee has control of all the assets, it leaves the beneficiaries in a terrible position if things are not handled properly by the Trustee.

[@utubequeen2011]

I'm in such a situation myself but I was able to retain an attorney on contingency. What a huge mistake that was! I attended our last court hearing this week and was shocked to find out that our attorney was not only a no-show but he let the opposing counsel represent us, telling the judge that there were no objections to the trustee's accounting! Talk about WTAF!!!

[@harrysegal306]

If we lose the Temporary Restraining Order on the bank account, TRO, are we also liable for legal fees similar to the Lis Pendens? Are there any examples that you know of where this worked on freezing bank accounts?

[@AlDavLaw]

You may be liable for fees when bringing certain motions. It depends on the facts and circumstances of your case, so you should consult with a lawyer on your specific issue. As for it working, we have had cases where we successfully froze bank accounts using a TRO/Preliminary Injunction, but it's never easy. California courts are reluctant to grant pre-trial orders like that. If you have evidence that irreparable harm will be suffered, then the court is more likely to act. Again, these are complicated issues that are highly fact specific; therefore, the issues should be discussed with an attorney before filing anything.

[@nidasalvador9705]

Sorry my late husband no will ask if I get my assers