Legal Question in Wills and Trusts in California

Escrow Depositor Funds Comingled & Lost Trust Character

Escrow depositor requested that his funds be placed in a segregated account. They were not and the general fund to which they were deposited by the tortfeaser fiduciary went to zero. Is there a legal basis on which to support the equitable claim of the escrow depositor for the funds in his escrow account and get around the general rule out of the Chrysler Case (93') in California?


Asked on 12/17/01, 7:26 pm

1 Answer from Attorneys
Wayne Smith Wayne V. R. Smith

Re: Escrow Depositor Funds Comingled & Lost Trust Character

The quwestion is too vague. If there is a lien, you need to research and act immediately. But if the account is zero, what is it you want the lien to attach? This is a very technical area of the law, and you need to get proper advice ASAP. That may not be me since I am not familiar with the "Chrysler" decision. Good luck.

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Answered on 12/17/01, 9:52 pm


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