PART 6. RIGHTS OF THIRD PERSONS [18000. - 18201.]
Part 6 enacted by Stats. 1990, Ch. 79.
§§ 18000–18201 · 18 sections
CHAPTER 1. Liability of Trustee to Third Persons §§ 18000–18005 · 6 sections
- § 18000 (a) Unless otherwise provided in the contract or in this chapter, a trustee is not personally liable on a contract properly entered into in the trustee’s…
- § 18001 A trustee is personally liable for obligations arising from ownership or control of trust property only if the trustee is personally at fault.
- § 18002 A trustee is personally liable for torts committed in the course of administration of the trust only if the trustee is personally at fault.
- § 18003 (a) A cotrustee who does not join in exercising a power held by three or more cotrustees is not liable to third persons for the consequences of the exercise of…
- § 18004 A claim based on a contract entered into by a trustee in the trustee’s representative capacity, on an obligation arising from ownership or control of trust…
- § 18005 The question of liability as between the trust estate and the trustee personally may be determined in a proceeding under Section 17200.
CHAPTER 2. Protection of Third Persons §§ 18100–18108 · 10 sections
- § 18100 With respect to a third person dealing with a trustee or assisting a trustee in the conduct of a transaction, if the third person acts in good faith and for a…
- § 18100.5 (a) The trustee may present a certification of trust to any person in lieu of providing a copy of the trust instrument to establish the existence or terms of…
- § 18101 A third person who acts in good faith is not bound to ensure the proper application of trust property paid or delivered to the trustee.
- § 18102 If a third person acting in good faith and for a valuable consideration enters into a transaction with a former trustee without knowledge that the person is no…
- § 18103 If an express trust relating to real property is not contained or declared in the grant to the trustee, or in an instrument signed by the trustee and recorded…
- § 18104 (a) If an interest in or lien or encumbrance on real property is conveyed, created, or affected by an instrument in favor of a person in trust but no…
- § 18105 If title to an interest in real property is affected by a change of trustee, the successor trustee may execute and record in the county in which the property…
- § 18106 (a) A document establishing the fact of change of trustee recorded pursuant to this chapter is subject to all statutory requirements for recorded documents.…
- § 18107 A document establishing the change of a trustee recorded pursuant to this chapter is prima facie evidence of the change of trustee insofar as the document…
- § 18108 Any person whose interest is, or may be, affected by the recordation of an affidavit of change of trustee pursuant to this chapter may require that the…
CHAPTER 3. Rights of Creditors of Settlor §§ 18200–18201 · 2 sections
- § 18200 If the settlor retains the power to revoke the trust in whole or in part, the trust property is subject to the claims of creditors of the settlor to the extent…
- § 18201 Any settlor whose trust property is subject to the claims of creditors pursuant to Section 18200 shall be entitled to all exemptions as provided in Chapter 4…