Q: Standing in California Probate Court?
Do I have standing in California Probate Court to dispute my property co-owner's trust and trustee?
My relationship is TIC 50% co-owner of residential rental property with my aunt/uncle's trust as TIC 50% co-owner.
I refer to California Probate Code section 48 definition of "interested party" includes ,,, "any other person having a property right in or claim against a trust estate" .
Does my co-ownership of property qualify as "any other person having a property right in or claim against a trust estate" ?
I intend to file Petition to Remove Trustee in Probate Court due to my co-owner trustee's mismanagement of property, unlawful co-mingling personal assets, and consequential financial losses to both me and co-owners.
A:
Probate Code Section 48 allows any person having a property right in or claim against a trust estate or the estate of a decedent who may be affected by the proceeding to take action. In addition, the meaning of “interested person” as it relates to particular persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in any proceeding.
Based on the language of the code section, I do believe that you have proper standing.
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