Tag Archives: court supervised trust
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 »
Court Authority Over Family Trusts
WHICH COURT HAS JURISDICTION OVER FAMILY TRUSTS? The answer depends on where the trust was formed, where its assets are located, and the terms of the trust agreement. However, in most cases, an inter vivos (often called “family”) trust that is formed in California by a California settlor* falls within the general jurisdiction of… Read More »
What is “Court Supervision” of a Trust?
COURT SUPERVISION REFERS TO A PROBATE COURT OVERSEEING TRUST PROCEEDINGS Although many inter vivos trusts are designed to avoid probate and other proceedings involving the court after the settlor’s death, there are circumstances in which the probate court will (and in some cases, must) oversee the administration and handling of a trust. “Court supervision” refers… Read More »
