MCLE SELF-STUDY ARTICLE BEYOND BAREFOOT – STANDING IN TRUST, ESTATE, ELDER ABUSE AND RELATED LITIGATION
Written by Dave G. Knitter, Esq. and Kelsey I. Knitter, Esq.*
In trust, estate, and elder abuse litigation, standing is often complicated and may bar a party from pursuit of their claim. Establishing standing is a prerequisite to pursuit of any court action. The issues and analyses vary in different types of actions and depend on what position the party holds in the dispute. This article provides an overview of many common standing issues that arise in the trust, estate, and elder abuse context, as well as conservatorships and appeals.
I. FUNDAMENTALS OF STANDING: THE CIVIL RULE VS. THE PROBATE RULE
While standing is an element of every claim,1 in California, there are two bodies of law which provide authority for standing: the Civil Rule and the Probate Rule.