Legal Question in Wills and Trusts in California

My family's home is listed under my family trust. I am the beneficiary, but the trustee won't let me into the home to get some of my personal items. LAPD told me that they can try to negotiate for me, but that was unsuccessful, and they told me that they can't force my way in without a court order. I was told to file in probate court downtown for an ex parte order from a judge to get into the home, so I went today, but I was told that the pertinent clinic for self-represented litigants closed two weeks ago due to budget cuts, and the clerks there can't advise me on which documents I need to complete or how to complete them. I called several attorneys today, but everyone has either said that they can't help, or that they will get back to me, but this is very time sensitive (I am leaving the country to teach at a university overseas). I either need advice on which documents to fill out, or I need an attorney to do it for me.

Asked on 10/08/13, 4:13 pm

3 Answers from Attorneys

Victor Waid Law Office of Victor Waid

You are advised to obtain a probate litigation attorney to assist you in the protection of your interests in the estate/trust, including demanding a copy of the trust; from their you may want the attorney to file a petition into court to compel an accounting of the aasets, and have the particular trustee removed and a private fiduciary appointed. In other words, you are to looking for beneficiary representation, and an attorney could stay on top of this matter for you while you are out of the country; however, be prepared to enter a fee contract with the attorney.

Read more
Answered on 10/08/13, 6:06 pm

William Christian Rodi Pollock

It would be necessary to know what the trust says to provide you ane real information as to your rights. Unless you have a good deal of time and money, given your imminent departure, you may want to consider simply buying more "personal possessions" and deal with it on your return. Obviously there is really not enough information in your posting to answer your question. If you really want to go to battle now, engage a probate litigator. This is likley to be costly.

Read more
Answered on 10/08/13, 9:03 pm
Charles Perry Law Offices of Charles R. Perry

First, this is not a matter of simply filling out some forms. The necessary documents must be drafted by hand. Second, I'm not seeing any basis for ex parte relief. That usually requires a showing of immediacy, and your desire to have an order because you are leaving the area isn't likely to be sufficient. As a result, the litigation will drag on even after you leave. Last, it sounds to me like there may be bigger problems here than just the personal possessions.

The only thing you can do is to continue searching for probate litigation lawyers, find one you like and trust, and work with him or her to resolve the situation. If you are literally talking only about personal items with a relatively small monetary value, you will find the legal system ill-equipped to help you on a cost-effective basis.

Read more
Answered on 10/08/13, 10:18 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California