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AMCIG v. DOBLER

No. B162954

11 Cal.Rptr.3d 194 (2004)

116 Cal.App.4th 1324

ARLUK MEDICAL CENTER INDUSTRIAL GROUP, INC., Plaintiff and Appellant, v. Lore DOBLER et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division 7

Rehearing Denied April 13, 2004.

Review Denied June 9, 2004

Attorney(s) appearing for the Case

James S. Link, Pasadena; The Law Offices of Alexander E. Macksoud and Alexander E. Macksoud, Torrance, for Petitioner and Appellant.

Wiezorek, Rice & Lovelace and William R. Moore, Long Beach, for Respondents.

PERLUSS, P.J.

Pursuant to Probate Code section 19001,1 the assets in a revocable living trust of a deceased settlor are subject to the claims of the creditors of his or her probate estate to the extent the estate itself is inadequate to satisfy those claims. In light of this potential liability, does the trustee of such a trust have a duty, following the death of the settlor, to preserve trust assets for the benefit of creditors with claims...

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