Legal Question in Wills and Trusts in California
Special Request, section 1250
I submitted a request for Special Notice to the attorney of the estate's Personal Representative. In response, the attorney sent me a letter, stating that there is ''no legal basis'' for my request, and if I were not to withdraw my request, the attorney will file a Motion with the court to discharge my request and recover from me all attorney fees and costs due to my request for Special Notice. Is this really possible/likely, not only for the court to dismiss my request, but to have to pay attorney fees and costs for simply filing a request under section 1250? How can ''legal basis'' to file this request be determined?
Thank you for any insight.
2 Answers from Attorneys
Re: Special Request, section 1250
Them = represented by attorney
You = no attorney
Result = you lose
Re: Special Request, section 1250
The attorney may be asserting that you are not an "interested person" as defined in Probate Code Section 48.
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