Can the revocable trust be the only plaintiff in the case? 11 Answers as of October 23, 2017

Does the trust alone have the ability to sue a person? Just the trust without a person.

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O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, it would be the trustee of the revocable trust who would and could be the plaintiff in a case on behalf of the trust.
Answer Applies to: Maryland
Replied: 10/23/2017
Ronald K. Nims LLC | Ronald K. Nims
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.
Answer Applies to: Ohio
Replied: 10/20/2017
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
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.
Answer Applies to: Oregon
Replied: 10/18/2017
Gates' Law, PLLC | Thomas E. Gates
The trust has its own identify and may sue on its behalf.
Answer Applies to: Washington
Replied: 10/18/2017
Law Office of T. Phillip Boggess | T. Phillip Boggess
It will be the Trustee of the Trust who is the plaintiff, but essentially yes.
Answer Applies to: Illinois
Replied: 10/18/2017
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    The information in your question is to limited to answer accurately. But generally a trust is a "person" under the law and can sue on a variety of claims.
    Answer Applies to: Iowa
    Replied: 10/18/2017
    S. Joseph Schramm | Joseph Schramm
    An action in which a trust is a principal party, either plaintiff or defendant usually names the trustee of the trust as the plaintiff or defendant as well as the trust itself. The trustee is most often either an individual, a bank, a charitable organization or some other entity
    Answer Applies to: Pennsylvania
    Replied: 10/18/2017
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    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.
    Answer Applies to: Illinois
    Replied: 10/18/2017
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    You don't provide enough information to answer but in certain circumstances, yes, a trust should be able to bring suit.
    Answer Applies to: Nebraska
    Replied: 10/18/2017
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    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.
    Answer Applies to: Missouri
    Replied: 10/18/2017
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    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.
    Answer Applies to: California
    Replied: 10/18/2017
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