Yorba Linda, CA asked in Civil Litigation and Probate for California

Q: I am one of the beneficiaries on The Turner Family Trust. Can the trustees lawyer submit Special Interigatorries on us

To the tune of 400 some odd questions when we have a Mandatory Settlement Hearing on August 9 , 2024. Most of the questions were answered in my petitions to the court already. Debraannturner@gmail.com

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James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, trustees have a fiduciary duty to act in the best interests of the beneficiaries and may use legal tools such as Special Interrogatories to gather information. However, the number and scope of these questions should be reasonable and relevant to the case. If you believe that the 400 questions submitted are excessive and redundant, especially since many have already been answered in your petitions, you can raise this issue with the court.

At the Mandatory Settlement Hearing on August 9, 2024, you have the opportunity to address any concerns regarding the discovery process, including the volume and relevance of the interrogatories. It is important to bring up that these questions might be burdensome and unnecessarily repetitive.

Consulting with your own legal counsel can provide you with specific guidance on how to handle these interrogatories and prepare for the hearing. They can help you argue that the scope of discovery should be narrowed to what is strictly necessary for the case.

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