Carmichael, CA asked in Estate Planning, Family Law, Real Estate Law and Probate for California

Q: There is a court date of January 24, 2022 in Redding, CA superior court. My sister and I have been misinformed and

We were told that there were no more funds in our family trust. We took their word. Now we find out about a court hearing and we need to know what form or forms to fill out before Jan.20,

2022. I am next in line for co executor. But we really need to know what we need to do to enter back in the court system. We had no idea . It is trouble some and we are in the dark and need help. They think we are out of the picture. It’s just terrible

Thank you for reading my request.

Sincerely,

2 Lawyer Answers

A: I suggest you hire a lawyer with probate experience in the appropriate venue before the next court date.

The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement or a solicitation.

A: Unfortunately, you don't tell us the purpose of the court hearing, so there is no way an attorney could tell you what documents to complete. Trust administration does not normally require court hearings. Is there a challenge to the trust? Is probate required in addition to trust administration?

Regardless of the answers to those questions, I suggest you quickly hire a lawyer to represent you. It's possible the trustee has breached the duty to provide an accounting and other information. Please know this is not a do-it-yourself project if you are unfamiliar with probate court. If you do not have money to pay an attorney, try to find a pro bono clinic in your area or contact the Shasta County Bar Association for referrals. Best wishes.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.