Legal Question in Wills and Trusts in California

Change of Venue

My father and the woman he remarried lived in California from the time he remarried, until both he and his wife died. My father had 2 children from his first marriage: my sister and me. His second wife had 1 child from a previous marriage. All of the legal documents of the estate they together created were drafted in California. We are now involved in a settlement dispute, and the trustee is the son of the woman our father remarried. My sister and I are entitled to 1/2 their estate according to the terms of the trust and wills; however, the trustee is stating that we are not entitled to any of the estate because his mother revoked the wills and trusts after our father died. We are disputing this and the hearing is set for a superior court in California. Because the trustee lives in Hawaii, he is seeking a change of venue to have the court hearing moved to Hawaii. He has already had two California hearing dates rescheduled. We want everything to stay in California where the estate with all of its legal documents was established and maintained the entire time. Is it possible for the trustee to have this moved to Hawaii?


Asked on 9/03/04, 5:24 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Change of Venue

This depends on the language of the trust, in part--what does it say regarding where the trust is to be administered? Check with an attorney right away about challenging the trustee, as some California case law may favor your position regarding changing the trust.

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Answered on 9/06/04, 5:18 pm
Scott Schomer Schomer Law Group

Re: Change of Venue

This is a tough one. If you are referring to the probate estate (i.e. the will), the proper place of adminstration is California, assuming the decedent was domiciled here (which generally means principal residence with the intent to remain indefinitely). If you have to sue to challenge the trust, the proper venue is probably Hawaii, where the trust is being adminstered. (P.C. sec. 17005). I would think the court would be inclined to keep the matters together and thus you may have a reason to keep the trust lawsuit (if you have one) here in California. But a judge may disagree. Make sure you challenge the trustee's motion or you may find yourself fighting this battle in Hawaii.

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Answered on 9/03/04, 5:55 pm


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