QUESTION
Can the revocable trust be the only plaintiff in the case?
Asked on Oct 17th, 2017 on Estate Planning - California
More details to this question:
Does the trust alone have the ability to sue a person? Just the trust without a person.
8 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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A trust is a legal entity which has the right to sue. Depending on the state, the trust can sue in its own name or the trustee sues on behalf of the trust.
Answered on Oct 20th, 2017 at 6:57 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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No. A trust is not an entity, like a corporation. A trust is a contractual arrangement between a settlor and a trustee. All litigation would be by the trustee of the trust as plaintiff or defendant.
Answered on Oct 18th, 2017 at 5:40 PM
Thomas Edward Gates
The trust has its own identify and may sue on its behalf.
Answered on Oct 18th, 2017 at 5:40 PM
Estate Planning Attorney serving La Grange, IL
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Law Office of T. Phillip Boggess
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It will be the Trustee of the Trust who is the plaintiff, but essentially yes.
Answered on Oct 18th, 2017 at 10:13 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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A trust acts through its trustee. The trustee must sign papers and direct the actions of a trust. The trust can be the only plaintiff in a lawsuit, but its actions as plaintiff are directed by the trustee. The trustee can be a corporation or an individual.
Answered on Oct 18th, 2017 at 9:21 AM
You don't provide enough information to answer but in certain circumstances, yes, a trust should be able to bring suit.
Answered on Oct 18th, 2017 at 9:20 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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The trust can only act through a trustee. Therefore, if there is a lawsuit filed, the trustee is the plaintiff bringing the action on behalf of the trust.
Answered on Oct 18th, 2017 at 9:19 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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No. The trustee must be the named plaintiff, but in his or her capacity as trustee of the trust. If the trust contains beneficiaries other than the trustee, moreover, the trustee must be represented by an attorney. He or she cannot represent the trust in pro per.
Answered on Oct 18th, 2017 at 5:15 AM