Found an issue on this page? Let us know and we will look into it as soon as possible.
Where is the jurisdiction of a Trust?
Anonymous5 views3 answers
I have received confusing information. My mother created a Living Trust in San Diego, California, which is where she passed away. The Trustee is now my oldest sister, who lives in Colorado. Last September she sent us "Notification by Trustees Pursuant to Probate Code 16061.7" which is a California code. But on that paper she lists the address of the principal place of the trust administration as her address in Colorado. And she has hired an attorney in San Diego, California.
So I'm confused as to where the jurisdiction is. (To my knowledge she still hasn't registered the trust with any court, even though she has been Trustee for 6 years.) Does a California court have jurisdiction, because the Trust was created there, or does a Colorado court have jurisdiction, because that is the principal place of administration?
Rodney Thomas Gould
4.95 stars
20 reviews
Rating:
7.0
Estate Planning Attorney in Sherman Oaks, CA
Reveal number
tel: (818) 981-1760
Private message
Call
Message
Profile
Posted
on Mar 9, 2019
There is no requirement that the trustee in Colorado register a trust with a California court. If you have questions, consult a lawyer so you can understand the process.
More
1
found this answer helpful
found this helpful
|
0 lawyers agree
Undo Vote
Helpful
Undo
Unhelpful
Undo
1
comment
Keith A Davidson
5 stars
1 reviews
Rating:
9.2
Litigation Lawyer in San Diego, CA
Reveal number
tel: (760) 888-6438
Private message
Call
Message
Profile
Posted
on Mar 8, 2019
While the place of administration is in Colorado, California still has jurisdiction over the Trustee. If a person agrees to act as Trustee of a California trust, then a California court can exercise jurisdiction over the trustee. This is for the purpose of filing a claim against the trust, or against the trustee, in court.
More
1
found this answer helpful
found this helpful
|
2 lawyers agree
Undo Vote
Helpful
Undo
Unhelpful
Undo
4
comments
David James Hill
5 stars
2 reviews
Rating:
6.7
Estate Planning Attorney in Redwood City, CA
Reveal number
tel: (650) 632-4276
Private message
Call
Message
Profile
Posted
on Mar 8, 2019
The trustee decides where the principal place of the trust administration will be so it is in Colorado
Disclaimer: If you find my answer is "HELPFUL" please mark it as such. Attorney is licensed in California only. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is for general educational purposes only and is not intended to be legal advice. I am only licensed to practice law in California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual or legal set of circumstances, or in the jurisdiction applicable to you. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
More
1
found this answer helpful
found this helpful
|
3 lawyers agree
Undo Vote
Helpful
Undo
Unhelpful
Undo
1
comment
