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Probate

May 27, 2004

Creditor Can Get Short End Of Stick When Settlor Dies

Focus Column - Probate Law - By Marshal A. Oldman - In the matter of Arluk Medical Center Industrial Group Inc. v. Dobler, 116 Cal.App. 4th 1324 (Cal. App. 2nd Dist. March 22, 2004), the 2nd District Court of Appeal determined that a trustee had no duty to preserve the assets of a trust on the possibility that a creditor of a decedent might wish to enforce a judgment against the assets of a trust over which the decedent maintained a right to revoke before his death.

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