Legal Question in Wills and Trusts in California
Letter of Testamentary Filing
If there are four(4) Trustees listed, do all of them need to be present when filing? Three (3) of them are siblings of the deceased and were planning to file in person with the courts.
3 Answers from Attorneys
Re: Letter of Testamentary Filing
No. Anyone can file to be appointed personal representative of the estate.
Re: Letter of Testamentary Filing
Are you talking about Executors or Trustees? Where are they listed -- in the will? Are the siblings going to file a petition separately? It would be much easier to have one executor appointed, especially one everyone agrees to.
Re: Letter of Testamentary Filing
Only one need to be the one that files. All are part of the trust, the trust itself should be directive if one is to be considered "in charge". Look to the terms of the trust, if it's silent, then only the one who wants the responsibility of handling the affairs need file.
If you need assistance, please feel free to contact our office at the number and email provided by LawGuru or through our firm's site at No-Probate.com.
Scott
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