Legal Question in Wills and Trusts in California

I have been served with a petition in probate court to remove my lien (the lien is a promissory note secured by a deed of trust) on a property, which is apart of the probate estate. Is there a deadline to file a response and if so, what is the deadline before the hearing which is on 2/21/12. The probate has been pending and this is my first naming as a party. Do I have a right to disqualify the judge under 170.6 even though the probate has been pending for a few years. Thank you.


Asked on 1/20/12, 11:51 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The deadline is going to depend on the exact nature of the papers you have been served. Is this a motion in probate court, or is it an actual lawsuit filed in the name of the estate to quiet title?

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Answered on 1/21/12, 8:04 am
George Shers Law Offices of Georges H. Shers

You can object to the judge but why? You will just get another judge who probably knows little about probate. Have you filed a claim against the estate, is your deed of trust filed with the Recorder's Office? You need to speak with an attorney who knows probate law and some real estate law to see whether you lien can be successfully attacked or not.

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Answered on 1/21/12, 10:21 am


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