Tag Archives: California trust
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 »
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 »
When Can Courts Exercise Authority Over “Internal Affairs” of a Trust?
PROBATE COURTS HAVE EXCLUSIVE JURISDICTION OVER THE INTERNAL AFFAIRS OF CALIFORNIA INTER VIVOS TRUSTS When an issue, dispute, or matter relates to the “internal affairs” of a California inter vivos trust, the California Probate Courts have exclusive jurisdiction over the proceedings. “Exclusive jurisdiction” means that only the probate court has the right to resolve… Read More »
What Information Must Trust Notices Contain?
ARE THERE LEGAL REQUIREMENTS FOR THE CONTENT OF A NOTICE FROM A TRUST? Yes. California Probate Code Section 16061.7 establishes the baseline legal requirements for when the trustee of a trust must send notices to heirs and beneficiaries, and what information those notices must contain. WHAT INFORMATION MUST A TRUST NOTICE CONTAIN? At… Read More »
Who is Entitled to Receive Official Notices From a Trust?
WHEN MUST NOTICES BE SERVED ON THE DECEASED SETTLOR’S HEIRS? Official statutory notifications must be served (in most cases, by mail or registered mail) on the heirs of the deceased settlor of a trust when the settlor’s living trust becomes irrevocable (a) the death of a settlor of the trust or (b) the trust… Read More »
What Are the Damages for a Trustee’s Breach of Fiduciary Duty in California?
TRUSTEES HAVE FIDUCIARY DUTIES TO THE BENEFICIARIES OF A TRUST Trustees are agents who hold and manage manage the assets of a trust (the trust estate) on behalf of the beneficiaries. The trustee owes fiduciary duties to both the current beneficiaries (those with current interests in the trust estate) and remainder beneficiaries (those whose interest in the… Read More »
What is a Professional Trustee?
WHAT IS A PROFESSIONAL TRUSTEE? A trustee is the person (or entity, acting through an authorized individual representative) that manages trust property (also known as the trust estate). In the case of family trusts or individuals’ private trusts, the trustee usually is a private individual, either the settlor or one of the settlor’s friends or… Read More »
What Kinds of Trusts Can Exist in California?
WHAT IS A TRUST? In the law, a “trust” is a legal relationship that relates to property. People think of a trust as a “thing,” but in reality, a trust is a set of relationships, defined with respect to property. The property that is held in a trust is called the trust estate or trust corpus…. Read More »
