Trusts and Estates
Ca. Trs. & Estates Quarterly Volume 13, Issue 1, Spring 2007
Content
- A Claim Is a Claim Is a Claim: Post-death Events and Section 2053 Deductions
- Donating Real Property To Charity
- New Probate Code Section 6132—An Improvement or Just a Stimulus For Litigation
- Out of State, Out of Mind? Not So For Conservators Since Hume.
- Sleepless Nights For Estate Planning Attorneys: What To Do About the Care Custodian Statute
- Trustee's Million Dollar Question: Who Is Entitled To Notice of Trust Administration?
- Does Your Elder Have Standing?
DOES YOUR ELDER HAVE STANDING?
By Steven Riess, J.D., LL.M.*
Who is the proper plaintiff in an elder financial abuse action? Sometimes, the answer to this question is substantially more complex than first appears. Failing to identify the proper plaintiff can result in a dismissal of the would-be plaintiff’s action. If this occurs after the period of limitations has run, the injured party may be left without a remedy. Accordingly, at the outset of an elder financial abuse action, counsel must consider the substantive and procedural issues of standing, or face serious problems later.
I. WHAT IS STANDING?
Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.1