Family
Nov. 18, 2022
The nightmare of Drake v. Pinkham - when is it safe to challenge a trust?
Although it appears that AB 1745 allows us to venture outside and avoid the Day of the Living Dead, not so fast. Remember, Drake was not based on a statute of limitations, but rather the equitable concept of laches.
Marc L. Sallus
Partner
Oldman, Cooley, Sallus, Birnberg, Coleman & Gold, LLP
Phone: (818) 986-8080
Email: msallus@oclslaw.com
Until recently, the prevailing wisdom was that the terms of a revocable trust could not be challenged until it became irrevocable on the incapacity or death of the settlor(s). This made sense because if changes resulting from a challenge were not to the settlor's liking, the settlor could immediately amend the trust and eliminate the disfavored provisions. A recent decision has turned this on its head. While the decision seemingly resolves this conundrum, it has crea...
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