Defendant is a Revocable Trust (documentation, legal, property, agent)

[rick129]

I am a LL defendant in a Small Claims Court case and the other defendant named is a Family Revocable Trust. Does someone have to appear in court for the Family Trust? This family owns the property and lives in another county. The original person that was alive when the trust was started has passed away. Thanks

[KonaKat]

Yes, some real person must appear. Some courts do not allow attorneys to represent in small claims. Appear with triplicate copies of your documentation. If the other party does not appear, or file a motion to continue prior to the hearing, they default. You need to check w/ the clerk of this court for more details as they apply to you.

[Electrician4you]

Originally Posted by rick129

I am a LL defendant in a Small Claims Court case and the other defendant named is a Family Revocable Trust. Does someone have to appear in court for the Family Trust? This family owns the property and lives in another county. The original person that was alive when the trust was started has passed away. Thanks

The trustee. You're suing the trust he represents the trust

[NoMoreSnowForMe]

The trust should have a document that talks about who to serve legal documents to. At any rate, there needs to be an "agent" for the trust. Not having a representative/agent show up means they lose by default.

[jasmom87]

All trusts name a successor trustee who is in charge of the trust after the original grantor has died or not capable of acting.