Legal Question in Civil Litigation in California
This concerns my parents' trust and two amendments to that trust. My parents are deceased and the petitioners are requesting to amend their petition for a 3rd time. They think they are still entitled to my home which my parents stated in the first amendment would go to me, along with half the assets. The other half would go to my two nieces, the petitioners. The 2nd amendment by my mother after my father died totally disinherited my nieces.
Two years ago, I offered my nieces half the money (that was all of the assets) and they refused saying it "wasn't enough and their lawyer wanted to go for the house." So far, they have not been able to provide any proof, evidence, documents, witnesses, etc. that there was any undue influence or that my parents were "infirm" when making the amendments. They just keep harrassing me and costing my thousands of dollars. They are ruining me financially.
Can't my attorney do a Motion to Dismiss on grounds of Abusive Process and the fact that they have not gotten anywhere, even with the depositions of the original two attorneys who wrote up the trust and amendments? Everything has been in my favor, yet they keep pursuing and we are getting nowhere while my money is quickly disappearing.
Sincerely,
Jeanette
PS: By the way, I became permanently disabled in April, 2007 and have had to spend most of my money for attorneys and getting by. I am on limited income and still have to support my son who is going to college. It seems to me that, although they know they won't win (especially when there is no money left), they want revenge and that is not legally right.
1 Answer from Attorneys
Parts of your question are unclear. Was the Trust amended twice, three times, or are the amendments as to their petition? I have no idea if the original trust was irrevocable or could be legally amended. A motion to dismiss can not be filed; you should demand a hearing on the petition and a decision by the judge that there is no basis for the petition or a trial on that issue if the judge will not rule [probably will not because they are entitled to a trial]. Ask your own attorney what the fastest and cheapest way of resolving the matter is; normally people do not pay their own attorney to go after hopeless cases. Find out what the weaknesses are in your case. The payments to the attorney for the Trust should come from the Trust assets and not your own personal funds.
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