Legal Question in Wills and Trusts in California
If the Trustee (who is also a beneficiary) of a family trust (after both settlors have passed away) files a petition asking the Court to determine whether certain bank accounts are property of the trust and the other beneficiaries of the trust object to the petition and file a response alleging various affirmative defenses based upon fraud, undue influence and other underhanded dealings by the Trustee, are those issues now "at issue" or do the respondents need to file a "cross-petition" making those allegations against the trustee who then would have to answer to those allegations?
1 Answer from Attorneys
It depends on what relief you want. IF you just want the petition denied, then you need no more. IF you want affirmative action in your favor on the allegations, then you need your own pleading.
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