Legal Question in Wills and Trusts in California
the trust that I am executor of is being challenged (interpretation of distribution of assets). Can I subpoena the records from the law firm that wrote the trust?
Asked on 3/19/15, 8:25 pm
1 Answer from Attorneys
Len Tillem
Tillem McNichol & Brown
Yes. You should have an attorney represent you, and that attorney can issue a subpoena for the file of the attorney that drafted the documents. If the dispute isn't resolved at the initial hearing, your attorney can also depose the drafting attorney. Keep in mind, however, that this may not be a case where extrinsic evidence such as the estate planning file and the drafting lawyer's testimony are admissible evidence as to the intent of the person who created the trust (the settlor).
Answered on 3/20/15, 9:18 am