Trusts and Estates
Ca. Trs. & Estates Quarterly 2022, Volume 28, Issue 2
Content
- Chairs of Section Subcommittees
- Editorial Board
- Inside this Issue:
- Letter From the Chair
- Letter From the Editor
- Litigation Alert
- McLe Self-study Article Courts Do Not Agree On the History and Meaning of California Probate Code Section 15402
- Tax Alert
- Tips of the Trade: Don't Put Off To Tomorrow What You Can Do Today - Avoiding Post-death Contests Through Inter Vivos Petitions
- Use of Independent Professional Trustees In Estate Plans
- "IF I GET MARRIED, I WANT TO BE VERY MARRIED." THE GODFATHER OF SOUL, RICHARD PRYOR, AND OTHER POST-DEATH CHALLENGES TELL US: HOW MARRIED YOU ARE DEPENDS ON THE STATE
- McLe Self-study Article Beyond Barefoot - Standing In Trust, Estate, Elder Abuse and Related Litigation
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.