Legal Question in Wills and Trusts in California
Law Definition of Disposition
8/9/04-[ Special set hearing on review status on distribution] DROPED
8/9/04-[ Special set hearing (accounting of assets] ------------ DENIED
I am an heir who wrote letter to court stating distributuon was not done.
The court under their own motion ordered hearing.I recieved just one side
of notice, no proof mailing, no clerk stamp, no copy of accounting. It did
not say I had to appear. My sister and administrator had to appear and
she did file an accounting. Stated above the words DROPED and DENIED if
the accounting was DENIED was the review status DROPED only or was the
case DROPED alltogether. Superior court of conta costa county probate.
Was I suppost to appear at hearing and object to the accounting? I
planned to object,can I still object for the improper notice I
1 Answer from Attorneys
Re: Law Definition of Disposition
The procedural portion is only one thing you might object to what your main objection as to the accounting or the lack thereof. Don't do this yourself it's screwed up to begin with and you're screwing it up even more. You don't have the sophistication of dealing with a probate procedure and you don't know what she's done. Go out and hire a probate attorney who understands what has happened based upon experience in the area, and I don't just mean Contra Costa County. In the individual who presides over the Contra Costa County probate department is a commissioner and has been the commissioner for many years. He is well versed on what is correct and not and it appears from your question and dialogue that he has denied and dropped the hearings applicable to the final accounting. You're right to copies of all documentation and merely because it does not say you have to appear, if you had the knowledge and sophistication you would know that rules of the road. What you must do in immediately is file objections, pay a first appearance fee and deal with the situation. But that does not mean you personally should do what you should hire an attorney. I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.