Trusts and Estates
Ca. Trs. & Estates Quarterly VOLUME 30, ISSUE 4, 2024
Content
- Chairs of Section Subcommittees
- Editorial Board
- Inside This Issue
- Letter From the Chair
- Letter From the Editor
- Litigation Alert
- McLe Self-study Article A Planner's Guide To the Long-awaited California Uniform Directed Trust Act
- McLe Self-study Article Ethica Ex Machina or: How I Learned To Stop Worrying and Love Chatgpt | Ethical Considerations For Trusts and Estates Attorneys Using Generative Ai
- McLe Self-study Article Reconsidering the Advance Health Care Directive
- Tax Alert
- McLe Self-study Article Spears V. Spears: a Shiny New Option For Enforcing a Creditor's Claim Against a Trust
MCLE SELF-STUDY ARTICLE SPEARS V. SPEARS: A SHINY NEW OPTION FOR ENFORCING A CREDITOR’S CLAIM AGAINST A TRUST
Written by John Rueppel, Esq.*
SYNOPSIS
In December 2023, the First District Court of Appeal of California decided Spears v. Spears (2023) 97 Cal.App.5th 1294 ("Spears"), which clarifies (and broadens) the procedural options for a creditor attempting to reach trust assets. Spears makes available the option of directly suing the trust, or filing a petition under Probate Code section 850, when certain prerequisites are met, avoiding the delay and hassle of a formal probate procedure. This article will consider the history of the law and procedure for prosecuting a creditor’s claim against a trust, and the impact of Spears on the current creditor landscape.