Legal Question in Wills and Trusts in California
I missed the five day filing deadline.
I have a hearing in a week.
The accounting i've objected to does not meet statutory criteria.
What is the best way to inform the court so it will order the
accounting to be fixed.
2 Answers from Attorneys
Each court operates according to California Rules of Court and the local rules set by the local judges and Probate Attorneys (employees of the court). Even if you missed the five day deadline to have your filing (opposition) considered, you can object in court and request a continuance so that your objection can be heard. The judge may continue the hearing so that you can file your opposition but usually will only allow one continuance. Some courts allow you to email a request for a continuance but if you are within the five day deadline that may not be possible. Last, contact the attorney for the party filing the accounting and request a continuance. Call the attorney. Send him/her a written request (fax) with a valid reason so you can show it to the judge at the hearing. If the party filing the accounting agrees to a continuance, the judge will usually grant it.
File the opposition now, as the court may consider it even though it is late.
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