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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] I may have answered my own question.....! Posted by Brian Lund on August 15, 2006 at 4:43 PM In Reply to: Re: Abtract of Judgement and Trust posted by Brian Lund on August 14, 2006 at 7:28 AM I read through CCP Section 709.010-709.030, and it seems as if this section provides the remedy. Specifically CCP 709.020 which reads.... "The judgment creditor may apply to the court on noticed motion for an order applying to the satisfaction of a money judgment a contingent remainder, executory interest, or other interest of the judgment debtor in property that is not vested in the judgment debtor. The interest of the judgment debtor may be applied to the satisfaction of the money judgment by such means as the court, in its discretion, determines are proper to protect the interests of both the judgment debtor and judgment creditor, including but not limited to the imposition of a lien on or the sale of the judgment debtor's interest." It does specify a noticed motion, which would make me think that you could not do it at the same time as the debtor's exam, becuase beneficial interest would not be established until you examined the trust paperowrk at that hearing. However I wonder if you are able to introduce the motion "ex parte" right at the time beneficial interest is established. Anyone know that answer....? Also, 709.010 (b) references making a petition to "a court having jurisdiciton over administration of the trust as prescribed in Part 5 of Division 9 of the Probate Code". That part of the code seems to indicate that the Superior Court in the county that is the "principal place of administration of the trust", is the court having jurisdiction. And the principal place of administration of a trust in which an individual is trustee (or co-trustees) is their residence or normal place of business. Am I getting this right? Thanks, -Brian Follow Ups: A few things to consider... BigMike 10:10 AM, 08/16/06 (2) Re: A few things to consider... Brian Lund 10:29 AM, 08/16/06 (1) Re: A few things to consider... Travis-CA 10:50 PM, 08/16/06 (0) Post a Followup: Name : E-Mail : Subject : Comments: : I read through CCP Section 709.010-709.030, and it seems as if this section provides the remedy. : Specifically CCP 709.020 which reads.... : "The judgment creditor may apply to the court on noticed : motion for an order applying to the satisfaction of a money judgment : a contingent remainder, executory interest, or other interest of the : judgment debtor in property that is not vested in the judgment : debtor. The interest of the judgment debtor may be applied to the : satisfaction of the money judgment by such means as the court, in its : discretion, determines are proper to protect the interests of both : the judgment debtor and judgment creditor, including but not limited : to the imposition of a lien on or the sale of the judgment debtor's : interest." : It does specify a noticed motion, which would make me think that you could not do it at the same time as the debtor's exam, becuase beneficial interest would not be established until you examined the trust paperowrk at that hearing. However I wonder if you are able to introduce the motion "ex parte" right at the time beneficial interest is established. : Anyone know that answer....? : Also, 709.010 (b) references making a petition to "a court having jurisdiciton over administration of the trust as prescribed in Part 5 of Division 9 of the Probate Code". : That part of the code seems to indicate that the Superior Court in the county that is the "principal place of administration of the trust", is the court having jurisdiction. And the principal place of administration of a trust in which an individual is trustee (or co-trustees) is their residence or normal place of business. : Am I getting this right? : Thanks, : -Brian Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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