Legal Question in Wills and Trusts in California

I received a letter from the Petitioner's attorney to take a deposition. I am required to bring all financial record since becoming what they claim is "De-facto Trustee".

In the past, neither the attorney nor petitioner has been willing to answer any of my questions. They have not provided any dates, the amount of money allegedly misused.

My question is:

1). Is this deposition is court ordered

2). Am I required to give this deposition without knowing exactly what I am being accused of

3). If this is not court ordered and I am not required to give a deposition, do I need to file through the court a response refusing to take the deposition

Thank you.


Asked on 1/04/13, 7:24 am

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

Depositions do not require a prior court order. They are usually conducted after a formal "notice of deposition" is issued, setting the time, date, and place of the deposition, and setting forth what documents are to be brought. If you are not a party to the lawsuit, you usually need to be served with a subpoena. A letter also does not serve as formal notice, absent unusual circumstances.

If all procedures are followed, then you are not necessarily entitled to know what the lawsuit is about - though it is customary for certain basic information to be shared.

There is usually no need to file papers with the court in opposing a deposition notice, though there is usually a need to serve objections on the other parties in the case.

You need to get a lawyer to help you. These answers about abstract propositions of procedure may be helpful, but if you are being accused of doing something wrong, you need a lawyer. If you are the trustee of a trust, then normally the trust will cover your lawyer's fees.

I invite you to contact me when you have a moment, if you would like to discuss this matter.

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Answered on 1/04/13, 8:02 am
Thomas Reid The Law Office of Thomas D. Reid, APC

I would agree with Mr. Perry. It sounds like you have some procedural issues you need assistance with. From the facts you have provided, you are not the Trustee of the trust but may have been handling some of the matters. You should contact an attorney that has experience in estate litigation.

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Answered on 1/04/13, 10:47 am


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