Legal Question in Personal Injury in California

I want to amend a probate petition for breach of trust probate petition to a civil tort complaint for fraud and conversion of trust assets and forgery and recording fraudulent documents. Can I do this before the case goes to trial?


Asked on 10/02/19, 2:22 pm

2 Answers from Attorneys

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Answered on 10/02/19, 2:28 pm
Terry A. Nelson Nelson & Lawless

Well, you can't do it after.

If you are serious about pursuing this somewhat complex process, you must educate yourself on the legal requirements and procedures of doing so, or hire experienced legal counsel local to that court to do it for you. You are not going to get educated from a few free hints and tips from here or elsewhere.

For example, if what you are asking is to file a companion civil court case [as is described in your text] you don't need Probate permission to do so, but you would face the possible claims of conflict of having more than one case against the same people.

If you are seeking to Amend the Probate Petition [as also described in your text], you will have to prepare, file, serve and set a hearing date on a Petition requesting what you want, with all the supporting documents, Points&Authorities;, Affidavits and Declarations necessary to convince and justify the authority of the Court to do so, and you must prepare and attach for review by the Court, the proposed new Amended Petition that you seek to be filed.

That guidance is all you are likely to get from anyone without hiring counsel.

May justice prevail.

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Answered on 10/03/19, 2:46 pm


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