Valentine

In this case we consider some ramifications of the statutes governing creditors’ claims against a deceased trust settlor, when neither probate nor trust creditor claims proceedings have been instituted. We conclude the statutory scheme protects the interests of creditors and trust beneficiaries, shields the trustee from liability to creditors for making trust distributions, and may be applied in this case without violating the settlor’s intended disposition of her estate.

Peter and Judy Valentine brought an action for breach of a will contract and recovery in quantum meruit against the Dame Judith Anderson Trust and Rod and Jan Read. Judy Valentine is a niece of the late actress Dame Judith Anderson (Dame Judith). Peter Valentine is Judy’s husband. Jan Read is another niece of Dame Judith, and her husband Rod Read is trustee of the Dame Judith Anderson Trust, a revocable living trust. The Valentines recovered a $320,066 judgment on their quantum meruit cause of action for services rendered to Dame Judith during her lifetime. The judgment holds the Reads individually liable to the extent they received assets from the trust.

The Reads appeal, contending (1) there is no…