need to prove in kern county probate court or else case will not be heard! please explain
2007-07-15 02:14:41 · 3 answers · asked by missmarcon@sbcglobal.net 1 in Politics & Government ➔ Law & Ethics
An "issue of standing" means that you have the right to bring the action to the court.
For civil matters, standing is usually being able to demonstrate that you personally have suffered injury as a result of whatever is the subject of the lawsuit. The injury must be personal to you, and not some general harm that effects everyone in the area equally.
The code section you state deals with revocable trusts.
"Except to the extent that the trust instrument otherwise
provides or where the joint action of the settlor and all
beneficiaries is required, during the time that a trust is revocable and the person holding the power to revoke the trust is competent: (a) The person holding the power to revoke, and not the beneficiary, has the rights afforded beneficiaries under this division. (b) The duties of the trustee are owed to the person holding the power to revoke."
Basically, under standard trust law, the beneficiary of the trust has standing to challenge actions of the trustee, because mismanagement of the trust harms the beneficiary.
However, for revocable trusts -- where the person who created the trust can cancel it at any time -- only the person who created the trust has the right to challenge actions of the trustee.
So, to get over the standing threshold, you would need to establish either (1) you are the beneficiary of the trust, and the trust is not revocable, or (2) you are the creator of the trust, and the trust is revocable.
2007-07-15 05:44:47 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
need to know the relationship between you and the other parties to better tell if you have standing to bring suit, in the court of law , the courts first look to see if the person bring a suit or court action has the right to bring the suit ie standing
2007-07-15 10:11:57 · answer #2 · answered by goz1111 7 · 0⤊ 0⤋
The court is to hear whether you have 'standing' (i.e., rights under law) to bring suit.
Would you like to tell us what the issue is?
2007-07-15 09:29:11 · answer #3 · answered by hexeliebe 6 · 0⤊ 0⤋