Legal Question in Wills and Trusts in California
I have a dire need to expedite a matter on a probate court calendar. I have a court date for a petition for letters of administration and a second court date for petition requesting an order to have assets transferred into a trust [ per demand from the bank that the court issues an order for me to gain access to my fathers' bank account, even though I am the successor trustee of my deceased fathers' trust (I was not a party to my father's bank account and he did not have the bank account established under the trust)] My question is, what law supports filing an emergency request to get the court dates expedited?, to have both petitions heard at the same time, as they both involve the same estate? I do not have the financial means to hire an attorney and my funds are getting low, as I am the only family member maintaining the properties from my retirement funds. I, and the estate properties, are located in Oakland, Alameda County, CA.
1 Answer from Attorneys
You really need to speak directly with a probate attorney. It may be that attorney's fees can be paid out of the probate estate.
It is likely impossible to expedite the two dates. It may be possible to receive termporary letters on an expedited basis pending the decision on the petition for letters. It may be possible to proceed by stipulation and order if all the beneficiaries agree as to the transfer of funds into the trust. Without knowing a lot more about your estate, it is impossible to evaluate your situation.
Again, please speak with a lawyer who handles probate matters for assistance, and see if fees can be paid from the estate.
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