Legal Question in Wills and Trusts in California

Re: go to court over a trust/will

The proper venue for a probate is the county and state where the deceased resided at the time of his or her death. That would seem to be California in your case. If there are assets of the deceased that are located in other states, they would be subject to an ancillary, or secondary, administration in that other state. Trusts are generally administered and governed by the state where the deceased lived at the time of death but there are exceptions, e.g., where the trust instrument declares that the trust is to be administered pursuant to the law of another state. This would only be the case if the deceased settlor or principal of the trust lived in one state and then moved to another before death. You DEFINITELY must consult with a California licensed attorney at law to determine what the facts are and then what course of action to take. Good Luck!

Re: go to court over a trust/will

If the case has to be brought in CA, an attorney in Oregon can be admitted in CA pro hac vice (for the case only) however, he will have to associate in local counsel. Meeting with a CA attorney by phone is done all the time. Even when people live locally most attorney client discussions are by phone or corresponse. I wouldn't be concerned about that.

Re: go to court over a trust/will

If the the Palm Springs court has jurisdiction, then you need a California attorney. You can meet by telephone, fax and email. My firm handles lots of out of state clients. It's not difficult.