Legal Question in Wills and Trusts in California
I was getting regular direct deposit distributions, that were stopped on March 10, 2013, from my mothers separate property Morgan Stanley Dean Wittier account that is a sub trust of my parents Trust for a year. The trustee and trustees lawyer claim that several other beneficiaries objected to my brother & I receiving preliminary distributions as being unfair. The trustee's attorney cited Probate Code 16003. There has been a petition filed by my brother to have the trustee removed, the next court date isn't until June but I can't wait that long. I have no money for food let alone a attorney. How do I ask the court to hear this matter without an attorney when there are no forms I can fill out to ask the court. The probate clerks say that a forms has to be created on pleading paper and submitted to the clerks office. Is this a pleading or a motion or what do I call it?
2 Answers from Attorneys
Contact the attorney representing your brother annd see if you can join your brother's petition to have the trustee removed. since your interests in the subtrust seem to be aligned; the attorney for your brother, with your brother's consent, may agree to pick up your representation also for a fee.
You need to represent yourself in pro per, unless you can join with your brother and convince your brother's attorney to move for an expedited hearing on your request. If your brother's lawyer won't help you, then you will need to draft the pleadings yourself. There may be form books in the county law library that will be able to give you samples -- that you will have to modify to fit your situation.
I have to say that the Court will likely refuse your request for an expedited hearing to remove the trustee. Your better position might be to ask for a resumption of the distributions, and an order that the trustee make those distributions as before. A brief conference with an attorney is definitely in order here. You might see if there is a legal clinic for low-income people in your area.
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