Legal Question in Wills and Trusts in California
I am the sole trustee for my mother's estate. A beneficiary is making false allegations and has filed to have me removed as trustee. Can I represent myself in this lawsuit or do I need to hire an attorney? I can easily prove that the accusations are completely untrue.
2 Answers from Attorneys
You ask if it is possible for you to represent yourself against the claims by the beneficiary to have you removed as trustee. Yes, it is possible. It is called acting "In pro per." Is it advisable? NO. It can be a very time consuming and technical matter. The Trust should provide that your attorney's fees are paid out of the trust. Depending on how the beneficiary challenges this, they may trigger the no-contest provision. So, I would encourage you to get legal counsel.
Easily being able to prove falsity of allegations does not necessarily translate into actually proving it. There are codes and regulations that must be followed, this is why hiring an experienced Probate attorney is always advisable. As state by co-counsel, the legal fees should be covered by the trust, but a complete review of its terms is necessary before this can be assured.
Please feel free to discuss this with me, in privacy, off the list-serv through my site PasadenaEstatePlanning.com