Don’t Touch My Assets! How Do You Freeze Trust Assets During a Trust Lawsuit?

[Music] Keith Davidson at Albertson and Davidson this video we're discussing canna beneficiary's stop the sale of trust property we are asked this question a lot many many trust beneficiaries when they enter into a lawsuit against the trustee or the trust they want to make sure that the assets are locked down and can't be sold and the truth is stopping a trustee from selling trust property even when you're in litigation is not so easy it's not as easy as you might think real property tends to be the easier thing to stop because a lot of times beneficiaries are able to file a Lisbon's which is a lien against the property and as long as you have a lien against the property it won't be sold and it won't be refinanced without your permission but in order to file that type of lien you have to have a certain type of legal claim that puts the ownership of the real property at issue and not every trust lawsuit does that and so if you have a trust lawsuit that doesn't do that then you can't just automatically file a lien for any other ass other type of asset that's not real property you pretty much have to go into court and get a court order and this is usually done by way of a temporary restraining order and a preliminary injunction and those type of relief trying to get the court to order that is not very easy because you have to prove that there's a high degree of likelihood that you're going to succeed on the merits and most of the time trust beneficiaries are in the dark they don't know what's going on and so they don't have enough evidence to make that showing at the start of a lawsuit hopefully they have more information as they get into the lawsuit so stopping the sale of trust assets by a trustee is not necessarily an easy thing to do that doesn't mean that you shouldn't try it in the right case if you have the right facts you certainly should give it a try but don't expect that you're gonna automatically be able to stop the trustee from selling assets now here's the good news the trustee must still act reasonable and if you win your lawsuit and the trustee has caused any harm then you'll be able to go after the trustee personally to pay that back so you still have some recourse even if you can't stop the sale of trust assets. [Music] [Applause] [Music]