Legal Question in Wills and Trusts in California

Special Request, section 1250

I submitted a request for Special Notice to the attorney of the estate's Personal Representative. In response, the attorney sent me a letter, stating that there is ''no legal basis'' for my request, and if I were not to withdraw my request, the attorney will file a Motion with the court to discharge my request and recover from me all attorney fees and costs due to my request for Special Notice. Is this really possible/likely, not only for the court to dismiss my request, but to have to pay attorney fees and costs for simply filing a request under section 1250? How can ''legal basis'' to file this request be determined?

Thank you for any insight.

Asked on 2/15/09, 8:24 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Special Request, section 1250

Them = represented by attorney

You = no attorney

Result = you lose

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Answered on 2/15/09, 8:31 pm
Michele Cusack Pollak & Cusack

Re: Special Request, section 1250

The attorney may be asserting that you are not an "interested person" as defined in Probate Code Section 48.

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Answered on 2/16/09, 9:57 am

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