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Only one Trustee of living trust was served for CC debt. Valid?


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My Sister was served around a month ago by Wells Fargo attorney Rory W. Clark. for alleged credit card debt incurred by my father, who died on December 10, 2012. The amount is $13k

 

I am about to try and answer the suit and also request a bill of particulars but before I do that I want to know if she was served properly. Notice to defendant reads as follows on the summons:

 

(Sister's name), as successor trustee of the (Deceased's Name)

Separate Property Living Trust dated December 7th, 2006

and DOES I through X, inclusive.

 

The filing debt is November 27, 2013.

 

However, the trust was changed just prior to his death. My sister and I are now listed as Co-trustees, yet I have not been sent anything or ever called by Wells Fargo.

 

How should I answer the suit? I fear I may have run past 30 days.

 

I need to fight this because: 1st, I have no idea if the debt is truly my fathers, and 2nd the trust does not have $13k available to pay it.

 

Thanks in advance for advice you can provide.

 

Leo

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You need to hire a lawyer.  If your father's estate was probated they may not be able to sue the trust at all.  The fact that they are trying to sue a living trust complicates matters.  Please use www.naca.net to locate a consumer attorney near you.  Most will do an initial consultation for free.  It may turn out that for a reasonable flat fee they can get it dismissed due to their not filing timely before probate.  

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