Legal Question in Wills and Trusts in California
I did not request costs or attorney's fees in my prayer for relief in my trust petition. Do I need to specifically request recovery of litigation costs in a trust petition to recover costs if I prevail? If not, can I supplement the pleading to request them or do I have to amend it?
2 Answers from Attorneys
Suggest you seek the assistance of a probate/trust lawyer to represent you in this matter. If you are representing yourself as trustee and are not an attorney, then you are not entitled to attorney fees; by the way you leave yourself wide open to a lawsuit for breach of fiduciary duties to the beneficiaries for your lack of legal training should any mistakes in the administration of the trust be made. Get yourself a probate trust lawyer who can assist you. An ounce of prevention is cheaper than a pound of cure.
You're not entitled to attorney's fees if you are representing yourself.
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