Death alone does not render a debt uncollectable; rather it simply makes the process that more difficult. Adam provides a guide for understanding how California law provides a process for collecting from the dead. LINK: The Basic Principles of Collecting from the Dead (2011)
Adam represented one of the prevailing respondents. The Court of Appeal was called upon to interpret and apply language in a trust instrument which directed the trustee to distribute certain real property to a beneficiary’s subtrust. That directive was merely a mechanism for funding that beneficiary’s residual gift, assuming the trustor still owned the property as of the trustor’s death. The reference to a specific source of funding—that certain property—did not make it a specific gift.
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