Posted by JHyre in Ohio on March 14, 2002 at 07:29:02:
You mean putting people in jail keeps them from committing crimes? Don’t you know that’s just the rascist patriarchy’s way of INCREASING crime? You’ve obviously forgotten much of what you learned in re-education camp, err, law school, LOL.
How powerful is the smokescreen that a trust puts up?
Let?s say that I place a rental unit in a land trust, the trust is called ?The Amazon Ring Tailed Monkey Trust?, and the trustee is a different surnamed inlaw in a distant state.
Can a lawyer just go ahead and subpoena the trustee? Or will he need to go before a judge and get the subpoena okay?d? If so, what level of proof is required that the suit has merit before the judge signs? Or do they just rubberstamop such requests?
Once he has a signed subpoena will it be valid in the other state? Or will he be required to get the subpoena approved by yet another judge before it will be enforced in a foreign state?
Posted by Bronchick on March 12, 2002 at 11:48:11:
You hit the nail on the head. The court in your state has no jurisdiction over the trustee in another state. The lawyer must commence an anciallary proceeding in the other state, which means hiring another lawyer admitted to practice in that state, doubling the cost of the suit.
Posted by Jesse (CO) on April 06, 2002 at 14:54:05:
Bill,
And if it were a same surnamed sibling or cousin in another state? OK, I don’t have an ambigious name like Smith, Johnson, etc. but is the veil still upheld just as firmly as the different surnamed inlaw in another state?