Valentine v. Read

Opinion

PARRILLI, J.

In this case we consider some ramifications of the statutes governing creditors’ claims against a deceased trust settlor, when neither probate nor trust creditor claims proceedings have been instituted. We conclude the statutory scheme protects the interests of creditors and trust beneficiaries, shields the trustee from liability to creditors for making trust distributions, and may be applied in this case without violating the settlor’s intended disposition of her estate.

Peter and Judy Valentine brought an action for breach of a will contract and recovery in quantum meruit…