Legal Question in Wills and Trusts in California
Probate judge asked me to file an "objection" to my brother's attorney asking to remove me as trustee to deceased parents estate. (I have no counsel)told by legal messenger service they would not file anything with court unless on legal document.
Judge did not tell me this, advice from probate attorney and 2 other attorneys and L.A. superior court Clerk all told me to write my objection myself and pay at window to file it. Everyone said there is "no legal "objection" form. Need advice on what to do to file this objection.
2 Answers from Attorneys
Get an attorney. There is no way anyone answering a post like this on a BBS format can guide you through that.
Everyone is correct that there is no form for this. You have to write it up yourself. What the messenger is telling you is that it cannot be filed if it is not in the proper format for legal papers. When there is an approved form, it is in the proper format. When there is no form, you have to type it up in the proper format. The format is specified in the California Rules of Court. Since your brother's attorney has aparently filed and served you with papers to have you removed, you can copy that format. With all that said, however, I must tell you that in nearly a quarter century of law practice I have never once seen a person representing themselves win against an attorney. Never. So you really should just hire a probate attorney, or give in.
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