Legal Question in Wills and Trusts in California
Court Appearance for Trust Hearing
One of my siblings is administering a trust after the death of our father, but has not providing accounting in 2 years. My brother filed a petition for removal of trustee and to compel accounting. If I show up at the hearing without filing any papers, will I still be able to speak during the hear, and if so, do I need to pay a court appearance fee?
There is a disagreement that I have with the Petitioner. Hewants a professional fiduciary to serve as trustee, whereas I think either another sibling should serve. Can I speak during the hearing without filing any objections? Will this cause a continuance and delay the removal of trustee? If I do need to file something, what would it be called, a response to petition, an objection. That is the only thing I would object to.
2 Answers from Attorneys
Re: Court Appearance for Trust Hearing
Usually, depending on the purpose of the hearing, the judge will allow you to speak briefly. You won't be required to file an appearance fee unless you decide to file your objections (or your response). Not having seen the documents involved, I don't know if it would be a response or an objection ... it sounds like you object to the appointment of a professional trustee, so you would probably file an objection to the appointment of professional fiduciary. The fee for a first appearance in California is $320 in most cases.
This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.
Re: Court Appearance for Trust Hearing
You will have to pay an appearance fee and file papers.
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