Legal Question in Wills and Trusts in California
What does it take to have the court take a look into matters approved by the court?
In this case, the executor and her counsel, the other of two beneficiaries and her counsel
have perjured and suborned perjury (let's assume this as fact to proceed).
I have the feeling there must be some law that would require the court, when provided
evidence, to reconsider matters past; after all, a decision based on fraud and false material
evidence would seem to merit it.
to sum...can anyone provide citation, to provide the court that will require it to address issues
past; you see the bad continues in the accounting... we've plenty of evidence.
anyone?
1 Answer from Attorneys
The court retains continuing jurisdiction to amend its prior rulings, but is always, especially in probate matters involving people representing themselves, not very interested in reviewing what it has already done.Moreover, there are time limits in bringing in new evidence and what often may seem completely false to one side the judge sees as merely a difference of opinion. In probate court there often is a "good old boys" network in which attorneys who normally appear in that court are believed over non-represented beneficiaries unless the evidence is even more than compelling.
While it will be costly [about $350 per hour], you likely will not get any where without using one of the attorneys who normally appears in that probate court. The executor/administrator will also try to have the estate pay the costs of defending against your allegations, so the amount of money involved has to be significant and you must be prepared to accept the court appointing a third party as a new administrator of the Will, which will mean additional charges to the estate. you need to speak to an experienced attorney in your court area to see if you have a case and whether it is worthwhile to proceed.