Lathrop, CA asked in Probate for California

Q: DISCLOSURE OF RELATIONSHIPS BETWEEN FIDUCIARY, ATTORNEYS, AND OTHER AGENTS HIRED BY FIDUCIARY

"Petitioner has no personal, financial or other relationship with attorneys or other agents hired by the petitioner"

Is it correct to leave out this section on a Petition for Final Distribution if petitioner is acting in Pro Per?

Thank you.

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2 Lawyer Answers
Howard E. Kane
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Answered

A: This paragraph should be included in the Petition for Final Distribution. In the alternative, you should describe your relationship with those hired by you. For instance, if family members cleaned out and hauled debris from the probate property and you paid them, then this relationship should be disclosed.

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James L. Arrasmith
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Answered

A: If you are acting as a petitioner in pro per (representing yourself without an attorney) in a Petition for Final Distribution in California, it is generally appropriate to omit the section titled "DISCLOSURE OF RELATIONSHIPS BETWEEN FIDUCIARY, ATTORNEYS, AND OTHER AGENTS HIRED BY FIDUCIARY."

This section is typically used when a fiduciary (such as an executor or administrator) has hired attorneys or other agents to assist with the administration of the estate. Its purpose is to disclose any personal or financial relationships between the fiduciary and the hired professionals to ensure transparency and prevent potential conflicts of interest.

However, when you are acting in pro per, you are not hiring any attorneys or agents to assist you. Therefore, there is no need to include this disclosure section in your Petition for Final Distribution.

It's always a good idea to carefully review the local court rules and guidelines for the specific county where you are filing the petition to ensure that you are following the correct procedures and including all necessary information. If you have any doubts or concerns, you may wish to consult with a legal professional or seek guidance from the court's self-help resources.

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