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 that serves as the principal place of trust administration. In most cases, this means:

• If the trust is a revocable trust (i.e., a “living trust” or “family trust”), the California county where the principal place of administration of the trust is located.
  • When at least one settlor is alive, this generally means the place where the settlor lives or works.
  • When the settlor(s) are deceased, this generally means the place where the current trustee lives or works (or the office of the trust lawyer)

However, if the trust has no trustee (which is rare, but can happen) the county with venue usually is the county where some or all of the trust property is located; that said, it may be necessary to appoint a trustee before the trust can be sued to evaluate other claims.

• If the trust is a testamentary trust, this usually means the California county where:
  • The decedent’s estate is being administered or
  • The county where the principal place of administration of the trust is located.

If venue can’t be determined in the ways set out above, it usually is determined based on the California Civil Code rules for determining proper venue in civil lawsuits. One example of this is where the trust is administered outside California, but where California is the state with jurisdiction (i.e., the legal power or authority) to decide the issue or hear the case. Since there is no California county in which the trust is administered, the proper venue will be determined using the Civil Code instead.

Fortunately, if you believe you have a claim against a trust or trustee, this isn’t a question you have to answer on your own. When you consult an experienced lawyer (and be sure to do this promptly, because you may lose your claim, or your right to bring a lawsuit or receive compensation, if you delay), the lawyer will assist you with determining the proper venue, and deciding which court has jurisdiction to hear your claim.

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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.