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 a court (or other legal officer, or an entity like an arbitral tribunal) to hear and decide a case, and “venue” is the location (i.e., a court or other dispute resolution body) where a claimant can ask or demand that a matter be tried and resolved. While non-lawyers often speak of these concepts as if they are the same, or interchangeable, they are separate legal concepts. However, to sue a trust (or any other defendant), it is necessary to bring the suit in the proper venue, and that venue must have jurisdiction to decide the matter.
HOW ARE JURISDICTION AND VENUE DETERMINED IN TRUST LITIGATION?
One of the most important factors in determining both venue and jurisdiction in trust litigation is the location where the principal administration of the trust takes place. “Principal administration” is the legal term for the day-to-day operations and activities of the trust; the things that must take place for the trust to manage, distribute, and otherwise deal with its assets and estate.
The principal place of administration usually is determined based on the residence or place of business of (a) the trustee of the trust, (b) the trustee/trust’s lawyer. If a trust has more than one trustee, the principal place of administration of the trust will be either (i) if the trustees have agreed that one trustee’s residence or business address will serve as the principal place of trust administration, that location; or (ii) if no agreement has been reached, the residence or business address of any of the acting trustees.
While the principal place of administration of the defendant trust is not the only issue that may arise when determining the proper jurisdiction and venue for claims against a trust (or the trustee), it’s a good place to start, and often the Superior (Probate) Court in the location where the trust is administered will have jurisdiction, and be the proper venue, for trust proceedings.
That said, as we will see in the next few weeks, jurisdiction and venue can be tricky concepts; if you think you have (or might have) a claim against a California trust, trustee, or lawyer who assisted a trust or trustee, consult an experienced lawyer promptly for an evaluation of your rights and claims. Fortunately, it’s not your job to determine venue and jurisdiction–and like many legal concepts, you shouldn’t try to do it on your own (or to use articles like this one to evaluate or make decisions about your potential legal rights and claims, including where to bring them). The lawyer you consult will help you determine how and where to bring any claims you may have against the proper parties.
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Disclaimer: THIS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY, AND DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE AUTHOR OR ROSS LAW AND ANY PERSON. Your legal rights and experiences may vary. Never use an online article (including this one) to evaluate your legal rights or claims. Consult an experienced attorney promptly to obtain a personalized evaluation of your claims, potential damages, and the various legal rights and options available to you.
You may lose or compromise your rights if you delay in consulting legal counsel. Most legal claims (and defenses), as well as legal and court procedures, are complicated and fact-dependent. If you believe you have a claim against someone who injured you, a lawyer who represented you in a previous lawsuit, or any other legal claim, consult an experienced lawyer immediately for an evaluation of your individual rights and claims.
