QUESTION
Can a trust be sued in the event of an auto accident?
Asked on Jun 29th, 2014 on Personal Injury - Texas
More details to this question:
My father-in-law left my wife an inheritance in the form of a trust. Part of the assets in that trust include a truck. If someone were to get into an accident in that vehicle, could the trust be sued and could she be held accountable if she was not the driver?
2 ANSWERS
Estate Planning Attorney serving Plano, TX
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Meyer & Colegrove, PLLC
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If the truck is titled in the name of the trust, then the trust could be sued if the truck causes bodily or property damage in an accident. Your wife as beneficiary of the trust should not be liable. With this said, you should have the trust document reviewed by legal counsel to obtain a determinable answer.
Answered on Jun 30th, 2014 at 1:28 PM
Probate Attorney serving Friendswood, TX
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Law Office of Melissa A. Botting
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Ordinarily the driver who was negligent or the employer on whose business the driver was engaged is responsible. So, was the person driving on trust business? The trust could be liable. Also, there is a concept of negligent entrustment. That means that if the person who was driving the car was known to be irresponsible but she let them drive the vehicle anyway, she and the trust could be liable. The simple fact that the truck is owned by a trust is not protection from liability.
Answered on Jun 30th, 2014 at 1:00 PM