1680 Property Trust v. Newman Trust (California Courts of Appeal, Nov. 17, 2009).
A person who has a claim against a trust must bring that claim against the trustee as a trust has no capacity to sue, be sued, or defend an action. And where the trustee against whom the claim should be brought dies before the expiration of the statute of limitations, pursuant to Cal. Code Civ. Proc. Section 366.2, the action must be commenced within one year after the date of death of the trustee. Further, there is no distinction between the decedent trustee and the successor trustee for the purpose of Section 366.2.
Regards,
Dave Tate, Esq. (San Francisco and Beyond)
http://davidtate.us
http://www.linkedin.com/in/davetateesq
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Covering news relating to legal developments; directors and officers; audit committees; governance, risk and compliance; accountants; accountability; California trust, estate and elder updates; and assorted related business and social issues. Please tell friends and colleagues.
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- David Tate, Esq.
- San Francisco, California (and beyond)
- http://davidtate.us (website)
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