Legal Question in Real Estate Law in California

How do you write a petition to the court asking to have the full authorities of a personal representative limited?


Asked on 2/03/13, 11:57 am

2 Answers from Attorneys

Robert Kubler The Kubler Law Firm

I'd use a computer and type something up.

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Answered on 2/03/13, 12:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There are three principal approaches (and countless in-between combinations and permutations):

1. Recommended: Have a lawyer familiar with this area of law do it for you. Such lawyers can be retained, or if you cannot afford to hire a lawyer, there are legal-aid agencies that can help you for a small fee, sometimes for no charge. You can try asking at the office of the Public Defender in your county; in some counties the public defender's office handles this sort of work by special assignment; in other counties, it doesn't.

2. You can go to the county law library (every county has at least one) and use the legal manuals to find a "boilerplate" petition (or two or three) that addresses the issues you have, and use them as a model to construct your own petition, modifying the names, reasons and argument to fit your situation.

3. You can even try the very informal "letter to the court" method Mr. Kubler suggests. If there is something drastically wrong with the activities of the personal representative, maybe that will alert the judge and changes will be instigated.

In any event, you'll need to learn some basics about the case, such as which department has responsibility and probably the case number and official case title (X v. Y).

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Answered on 2/03/13, 1:50 pm


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