Estate of Giraldin

In Estate of Giraldin, (Dec. 20, 2012, S197694) ___ Cal. 4th ___ [2012 Cal.  Lexis 11381], the California Supreme Court discussed the fiduciary duty of the non-settlor, trustee, to only the settlor, during the settlor’s lifetime. The Court ruled that upon the death of the settlor, the trust beneficiaries’ interests vest and therefore, the trust beneficiaries then have standing to sue the trustee for breach of fiduciary duty to the settlor but not for a breach of fiduciary duty to themselves because none existed.

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                                 John T. Anderson, Section Chair
                                 LB Bar Assoc. Estate Planning, Trust, and Probate Law Section
                                            Certified Specialist in Estate Planning, Trust, and Probate Law by the
                                            State Bar of California Board of Legal Specialization

 Copyright © 2013 by John T. Anderson
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