Legal Question in Wills and Trusts in California

The rulesvunder Title 7 will apply

Pleading� means a contest, answer, petition, application, objection, response, statement of interest, report, or account filed in proceedings under the Probate Code.

(3) �Amended pleading� means a pleading that completely restates and supersedes the pleading it amends for all purposes.

(4) �Amendment to a pleading� means a pleading that modifies another pleading and alleges facts or requests relief materially different from the facts alleged or the relief requested in the modified pleading. An amendment to a pleading does not restate or supersede the modified pleading but must be read together with that pleading.

(5) �Supplement to a pleading� and �supplement� mean a pleading that modifies another pleading but does not allege facts or request relief materially different from the facts alleged or the relief requested in the supplemented pleading. A supplement to a pleading may add information to or may correct omissions in the modified pleading.

Sounds like it is an amended one ....

You should file an amended petition. That amended petition should contain everything you wish to allege, and should re-state everything from the original petition that you wish to keep. An "amendment to a pleading" in a separate document is fine if you only want to change 1-2 lines or the misstatement of a name, but should be avoided for something more more complicated.

A key goal is to make life easier for the court. It is simply too confusing to cross-reference the changes from the original and the amended petition.

If you are a trustee filing on behalf of a trust, you are not allowed to represent the trust unless you are a licensed attorney.