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
Jonathan Purcell
Jonathan Purcell
Answered
  • Estate Planning Lawyer
  • PETALUMA, CA
  • Licensed in California

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.

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

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.

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