Can a Non-Beneficiary or Trustee Participate in a Trust Proceeding?

probate Nov 21, 2023

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Can a non-beneficiary and non-trustee participate in a trust proceeding?

Last month, the First District Court of Appeal addressed this issue and issue an important new decision. 

New CA Probate Decision  

Colvis v. Binswanger (2023) _ Cal.App.5th _ , 2023 WL 6784689: The Court of Appeal reversed the probate court’s order finding Garaventa Enterprises, Inc. (Company) lacked standing to participate in proceedings on a trust petition filed by plaintiffs, because the Company was not a beneficiary or a trustee. The Court of Appeal disagreed, concluding as a matter of statutory interpretation that Probate Code sections 48 and 1043 authorize “interested persons” to respond or object at or before a hearing in a trust proceeding. The case was remanded for the trial court to determine whether the Company was an “interested person” pursuant to section 48. (C.A. 1st, October 13, 2023).

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