Legal Question in Wills and Trusts in California

"Sole Successor Trustee"

If I am the sole successor trustee and executor of my father's Revocable Living Trust and Will (includes Amendment & Codicil), he removed my brother entirely because of his greed and debts, he had three witnesses & notary and were drawn up from his lawyer, it was all legal. He passed away and my brother went to another court and filed without the will and as if no codicil or trust, put a notice to admin., in a small paper and i found out from a friend, he filed an application to whether a will contest and injunctive relief, letters, etc.. and I had given him half of the life ins. prior to ($96,000) somehow i was removed by default and never even knew until now? The judge allowed this to happen, and i know he won't vacate. Can i file an appeal or ultimate writ? I am at a loss and do not trust another lawyer who allowed this and i owe him $36,000 and everyone thinks they can take my fathers estate like this. please help?


Asked on 5/22/00, 4:44 pm

3 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re:

You need a competent experienced attorney. Look hard and get references.

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Answered on 7/04/00, 6:13 pm
John Colistra Law Office Of John A. Colistra

Re: LEGAL RIGHTS AS SUCCESSOR TRUSTEE

YOU DO NEED GOOD LEGAL HELP. SEVERAL QUESTIONS NEED TO BE ANSWERED FIRST.

WHEN DID YOUR FATHER PASS AWAY? WHAT STATE AND COUNTY DID HE RESIDE AT TIME OF DEATH?

DID YOU BROTHER OPEN THE PROBATE IN A STATE/COUNTY DIFFERENT FROM YOUR FATHER'S RESIDENCE AT TIME OF DEATH?

IT SOUNDS LIKE YOUR BROTHER CLAIMED NOT TO KNOW WHERE YOU RESIDED AND SERVED YOU BY PUBLICATION. IN CALIF. RIGHTS TO SET ASIDE A DEFAULT ARE EXPANDED WHEN SERVED BY PUBLICATION.WHY DO YOU OWE SO MUCH TO ANOTHER LAWYER? ARE THESE FEES RELATED TO REPRESENTING YOU IN THE PROBATE OPENED BY YOUR BROTHER? GET HELP FAST BEFORE YOU LOSE AGAIN.

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Answered on 7/04/00, 7:31 pm
Scott Shabel Law Offices of Scott Lee Shabel

Re: Successor Trustee

If your brother's probate proceeding was instituted without proper notice to your father's heirs, it may be set aside as a matter of due process. You have not indicated whether you attempted to petition the probate court for instructions regarding the living trust and codicil or challenge the venue your brother chose, if it was the wrong one. These, and other issues, must be addressed before you can obtain an answer to your question. To learn more feel free to contact us at www.labusinesslawyer.com.

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Answered on 7/08/00, 2:36 pm


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