Buskirk v. Buskirk
The court held that, because the revocable living trust was created, administered, and governed by California law and the contested transactions and witnesses were located in California, the trust satisfied the minimum-contacts test, thereby granting California courts personal jurisdiction over out-of-state trustees and beneficiaries and permitting the dispute to be litigated in.
Date Filed: September 09, 2020
Case Name: Buskirk v. Buskirk
Case Number: B295648M
Court: California Court of Appeal, Second Appellate District, Division Eight
(‘The Court of Appeal holds that California courts have personal jurisdiction over the out‑of‑state trustees and beneficiaries in this family‑trust dispute because the trust was created, administered, and governed by California law and the contested transactions and witnesses are located in California, satisfying the minimum‑contacts test. By reversing the trial court’s dismissal for lack of jurisdiction, the court affirms that a California‑originating revocable living trust can be litigated in California even when some parties reside elsewhere. This decision is significant for probate law because it clarifies that substantial connections to the state—such as the trust’s execution, governing law, and California‑based assets—are sufficient to confer personal jurisdiction over nonresident parties.’, ‘944574e3’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.