Probate Question. Am I required to give a deposition without knowing exactly what I am being accused of from the petitioner?

Asked over 1 year ago - Sacramento, CA

I received a letter from the Petitioner's attorney to take a deposition. I am required to bring all financial record since becoming what they claim is "De-facto Trustee".

In the past, neither the attorney nor petitioner has been willing to answer any of my questions. They have not provided any dates, the amount of money allegedly misused.

My question is:
1). Is this deposition is court ordered
2). Am I required to give this deposition without knowing exactly what I am being accused of
3). If this is not court ordered and I am not required to give a deposition, do I need to file through the court a response refusing to take the deposition

Thank you.

Attorney answers (3)

  1. Steven M Zelinger

    Pro

    Contributor Level 20

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    Answered . You need an attorney in order to be advised of your rights. To answer some of your questions, a deposition is always within the purview of a court action that has already been filed so it is "court ordered." You may be required to attend the deposition but you need an attorney to know what questions you are or are not required to actually answer.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  2. James P. Frederick

    Contributor Level 20

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    Answered . Attorney Zelinger has given one of his customary excellent responses. I would simply add that you should be represented by counsel, here, not only for the deposition, but also for the underlying case. You want an attorney at the deposition who can keep opposing counsel in line and make sure that you do not say anything that might damage your position. You are apparently being accused of breach of fiduciary duties and many states have laws that could make you liable for up to three times actual damages. You do not want to mess around by trying to save a few $ and not take this seriously. You are in way over your head and you need legal help, right away.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. Eric Jerome Gold

    Pro

    Contributor Level 19

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    Lawyers agree

    Answered . Attorneys Frederick and Zellinger have provided you with good advice. You need counsel to represent your interests in the action.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

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