Legal Question in Wills and Trusts in California
lawyer for Trustee of family trust requesting us to waive notice of hearing for a petition and establish venue out of town. We do not agree, they say if we have "substantive questions regarding petition we must contact a lawyer- do we have to contact a lawyer to represent us?
2 Answers from Attorneys
The lawyer for the trustee represents the trustee. If you are a beneficiary and want to know your rights, and whether you need separate representation, you need to speak with your own lawyer. It may only involve a consultation, but that will depend on the specifics of your situation.
While you can represent yourself as a beneficiary, pro per parties are supposed to be treated the same as the attorneys. Thus you are expected to know all the rules and deadlines, etc... Other than venue, I do not know what other issues you may have with the Trustee/Trust. Or whether they require active representation. Is waiver on venue to convenience the attorney? Or to inconvenience you as a beneficiary? At a minimum it would be a very good idea for you to at least have a cosulation with an attorney to talk about the situation.