Legal Question in Wills and Trusts in California
I received a notice of hearing--decedents estate or trust. It is a petition to modify a trust. The modification requested is to appoint the petitioner as executor of the family trust. It will be heard in L.A. quite soon. I need to know (1) what legal options I have for how to respond to this petition, and (2) what forms or documents I must (or may) file with the L.A. court to support the option I choose, and (3) what the court deadlines are for me to file my response. Thank you.
1 Answer from Attorneys
In answer to your questions:
1, You will need to appear at the hearing -- or have a lawyer appear for you. You don't need to file a written response before the hearing, but you can. Most courts appreciate having a written objection in advance.
2. There are no pre-printed forms for use here. Your response must be on pleading paper (the paper with numbered lines).
3. As I said, your objection must be made no later than the initial hearing, and it would be best if you could get that objection to the court in writing first. As I said before, you also need to appear at the hearing or have an attorney appear for you.
Contesting a matter in court is not for the faint of heart. There are lots of rules, and only so much leeway a court gives someone who is representing himself or herself. At least consulting with a lawyer who practices in the probate and trust arena strikes me as good insurance for getting the result you deserve.
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