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

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


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 action is to have legal representation in this matter.

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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 general nature rather than specific legal advice. This answer is not intended to be a source of advertising, solicitation or legal advice.

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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 for a more complete response.

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