Thursday, April 25, 2013
Property in a revocable trust is liable for tort claims when the suit was filed before the settlor’s death. In Watterson v. Burnard, the intermediate Ohio appellate court held that property held in a revocable trust is subject to tort claims against the settlor where the tort action was filed, but not concluded, before the settlor’s death.
See Watterson v. Burnard, No. L–12–1012, 2013 WL 425161 (Ohio. Ct. App. Feb. 1, 2013).
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.