Carson, CA asked in Federal Crimes, Probate, White Collar Crime and Identity Theft for California

Q: Would a criminal court judge grant a exparte petition in a probate matter ?

1 Lawyer Answer
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: No. Both are separate branches of the superior court, but both have separate functions: a criminal court adjudicates criminal law matters and a probate court adjudicates matters affecting trusts and estates. Rarely will one branch of the superior court step on the toes of another branch of the superior court. But one can never say never. Exceptions will always exist.

Tim Akpinar agrees with this answer

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