Trustee Liability for Injuries on Trust Real Property
Recent Trustee Liability Case – This recent case reviews trustee liability over trust real property. Where real property was owned by a trust, trustee could not be held personally liable for injuries suffered on the premises unless trustee was “personally at fault” within the meaning of Probate Code Secs. 18001 and 18002–meaning that trustee must have intentionally or negligently committed a tort. Plaintiff’s claim that defendant breached a nondelegable duty to ensure that property was properly illuminated, and that the absence of lighting caused plaintiff to trip and fall on the kitchen stairs, was not viable in the face of undisputed evidence that property had a functioning light but that plaintiff proceeded to exit in the dark rather than ask for help in locating light switch and then fell. The court concluded that there was no trustee liability.
See Castellon v. U.S. Bancorp – filed October 23, 2013, Second District, Div. Two
If you are a trustee of a trust and have questions regarding your liability, contact Anh Tran, an Orange County estate planning attorney at Modern Wealth Law to discuss your issues.
John Wong advises on all aspects of estate planning, probate, asset protection and trust administration. He believes that estate planning is about planning for life; while having protections in place should the unexpected occur.
