Plano, TX asked in Estate Planning, Family Law and Probate for California

Q: In California, which form do you use to respond to a Petition for Instructions in a probate case?

Trustee has filed a Petition for Instructions and I would like to respond to this request

4 Lawyer Answers

A: Simply draft a pleading entitled “Objections of (insert your status and name , ie Heir Phil Suth) to Petition For Instructions”.

Howard E. Kane
PREMIUM
Answered

A: I agree with the answers posted, however, the Response should be Verified which is a specific typed Verification paragraph that is signed under penalty of perjury and attached as the last page of the Response. You can locate a sample Verification on most court websites. Good luck with this.

James L. Arrasmith
PREMIUM
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Answered

A: To respond to a Petition for Instructions in a California probate case, you generally file a written response, often called an "Objection" or "Response to Petition." There isn't a specific form in California courts for this type of response, so you’ll typically draft your own document that addresses the issues raised in the Petition. Your response should state whether you agree or disagree with the petition's requests, and if you disagree, explain your reasoning clearly.

It's crucial to follow the court’s rules for formatting, filing, and serving your response. You'll need to ensure that all parties involved receive a copy of your response, and it should be filed with the court by the deadline specified in the probate case. Missing deadlines can affect your rights and ability to be heard.

If you're uncertain about how to structure your response, or what issues to raise, reviewing similar cases or consulting the California Probate Code might provide helpful guidance. Taking action promptly will help ensure your position is considered by the court.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: To respond to a Petition for Instructions in a California probate case, you generally file a written response, often called an "Objection" or "Response to Petition." There isn't a specific form in California courts for this type of response, so you’ll typically draft your own document that addresses the issues raised in the Petition. Your response should state whether you agree or disagree with the petition's requests, and if you disagree, explain your reasoning clearly.

It's crucial to follow the court’s rules for formatting, filing, and serving your response. You'll need to ensure that all parties involved receive a copy of your response, and it should be filed with the court by the deadline specified in the probate case. Missing deadlines can affect your rights and ability to be heard.

If you're uncertain about how to structure your response, or what issues to raise, reviewing similar cases or consulting the California Probate Code might provide helpful guidance. Taking action promptly will help ensure your position is considered by the court.

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