Author Archives: Robert Ross
Where Can a Trust Be Sued? (Part 3: Jurisdiction)
As we saw in a previous article, in order to sue a trust in California (or anywhere in the United States), the suit or claim must be brought in the proper venue, before an entity (court or other body) with jurisdiction to hear the claim. Today, let’s take a closer look at jurisdiction. Briefly… Read More »
Where Can a Trust Be Sued? (Part 2 of 3: Venue)
WHAT IS THE PROPER VENUE FOR TRUST LITIGATION? Venue is a legal term that refers to the proper geographical location in which to file a claim. Generally speaking, when filing proceedings against or involving a trust in California, the proper venue depends on (a) the status of the trust, and (b) the geographical location… Read More »
Where Can A Trust Be Sued? (Part 1 of 3)
WHERE A TRUST CAN BE SUED DEPENDS ON THE PROPER JURISDICTION AND VENUE Generally speaking, the rules that control trust litigation in California can be found in the California Probate Code. The question of where a trust can be sued involves issues of jurisdiction and venue. Briefly stated, “jurisdiction” refers to the authority of… Read More »
What is a Charitable Trust?
A CHARITABLE TRUST EXISTS FOR CHARITABLE PURPOSES The definition of a charitable trust may sound circular, but essentially, a “charitable trust” is created to provide support for a charity or a charitable purpose, rather than specific individuals. For this reason, the beneficiaries of a charitable trust cannot be specific, named individuals. Instead, the beneficiaries of… Read More »
Can a Trust’s Lawyer Also Act as the Trustee?
CAN A LAWYER WHO SERVES AS TRUSTEE OF A REVOCABLE/FAMILY TRUST ALSO REPRESENT THE TRUST AS LEGAL COUNSEL? Like many legal questions, the answer here is “maybe, depending on facts and circumstances.” Assuming there are no conflicts of interest, or that any conflicts of interest that can be waived have been properly waived by… Read More »
Can a Trust’s Lawyer Receive Distributions of Trust Assets?
A LAWYER’S FEES CAN BE PAID FROM TRUST ASSETS A lawyer who is acting on behalf of a trust in a professional capacity (i.e., as the trustee or as legal counsel to a trust) can be paid from trust assets. The funds in the trust’s bank or other accounts can be used to pay… Read More »
How Do I Bring a Claim Against a Trust?
HOW DO CREDITORS BRING CLAIMS AGAINST A TRUST AFTER THE SETTLOR DIES? When trust or administration proceedings begin, the Trustee must give notice to all creditors of the trust (or estate) by complying with applicable laws relating to creditors and notice. Where the trust is administered without court supervision, this notice generally is given… Read More »
What is a “Pour-Over” Will (or Devise)?
A VALID “POUR-OVER” WILL ADDS PROPERTY TO THE TESTATOR’S TRUST AT THE TIME OF DEATH In California, a person can add property to a trust (or even create a trust) in his or her will. The term for this type of will (or provision in a will) is a “pour-over” because it “pours” the property… Read More »
Who Is Entitled to Notice of Trust Proceedings?
This post deals with notice of trust proceedings pursuant to California Probate Code Section 17200 (proceedings relating to the internal affairs of a trust) – for information about notice in other proceedings, please contact our offices or another experienced attorney or law office. WHO MUST BE GIVEN NOTICE OF A PETITION UNDER CALIFORNIA PROBATE… Read More »
Do Trustees Need Lawyers for Court Proceedings?
DO TRUSTEES NEED A LAWYER TO FILE TRUST PROCEEDINGS IN PROBATE COURT? Sometimes TRUSTEES CAN FILE PETITIONS FOR INSTRUCTIONS, AND SIMILAR MATTERS, IN PRO PER If the trustee of a trust has questions about his or her duties, or actions (s)he may or must take as trustee of the trust, the trustee can… Read More »
