Legal Question in Wills and Trusts in California
My attorney filed an Objection to the first account and report of the executor; and shortly thereafter, filed a Supplementary Objection, inclusive of asking for supporting documentation. The executor's counsel has not supplied almost half of the documents; saying she has given them all.
There was a response to my Objections.
1 ) What can I file to have the court provide time, considering the above.
2 ) How best to handle a non cooperative counselor, who by code is required to comply.
3 ) Even though a response has been made, what might I file the court to order time to amend?
4 ) The accounting does not comply to code.
What would be an appropriate response to the executor's response?
2 Answers from Attorneys
You need to take this up with your attorney. We do not second-guess attorneys who have the details of the case in their office.
Most judges will give additional time in matters that are being conducted civilly by reasonable people. If the other side is uncooperative, all you can do is continue filing papers asking the other side to respond and pointing out the prior non-responses, asking the judge to take action. It is up to the judge to determine whether the other side has been non-responsive. The judge might decide that you are wrong. It is up to the judge to determine whether or not the accounting is satisfactory. So you can point out the problems and hope the judge agrees with you.
In short, in probate court, you are asking the judge to agree with you, and then hoping that the judge does. However, the judge has great discretion and great latitude and simply may disagree with you. That is a good reason why you should be very nice, cooperative and - if the matter is significant - have a lawyer who has a good reputation in the court.
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