Can the probate judge order a noncompliant trustee to pay legal fees ?

Asked over 1 year ago - Stockton, CA

the trustee to my fathers living trust refuses to attot my portion of the estate to me as ordered. Can the probate judge order the trustee to pay my legal fees for having me take this back to court, or would I have to sue in a different court?

Attorney answers (3)

  1. Christopher B. Johnson

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . Yes, though it's in the judge's discretion. Be sure the "relief" part of your petition asks for the fees.

    This answer is intended, but not promised or guaranteed, to be correct, complete and up-to-date, and is of a... more
  2. Daniel Mcgraw Little

    Contributor Level 11

    5

    Lawyers agree

    Answered . You can bet "your bippy" he can. Look to your attorney for advice. He/She may suggest filing an OSC but let him/her direct you in the best course of action.

    No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly... more
  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . If the trustee issues an order and it is ignored-the trustee could be in contempt of court.
    So-the trustee would still have to comply and also deal with the judge.
    So-keep the pressure on.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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