Tag Archives: trust proceedings
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 »
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 »
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 »
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 »
What is the Difference Between an Inter Vivos Trust and a Testamentary Trust?
A TESTAMENTARY TRUST IS CREATED IN A WILL AND FUNDED THROUGH PROBATE As the name suggests, a “testamentary” trust is created in a testament — either a will or an addendum to a will called a codicil. Although the terms of a testamentary trust are established in the will, the trust itself does not come into… Read More »
