Perspective
Feb. 26, 2013
Remainder beneficiaries granted standing in revocable trust dispute
With this ruling, the question is settled that remainder beneficiaries do have standing to seek redress of harm to their interests and they do have the right to compel an accounting of "revocable" trust. By Denise E. Chambliss
In December 2012, a closely divided state Supreme Court held in Estate of Giraldin, 55 Cal. 4th 1058 (Dec. 20, 2012), that the remainder beneficiaries of a revocable trust "develop standing" after the death of the settlor to pursue claims against the trustee for breach of fiduciary duties which harmed the beneficiaries' interests. To reach that landmark holding, the Supreme Court construed Probate Code Section 18100 to ...
To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In