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What is the correct form to use to file an ex parte application in probate court?

Inglewood, CA |

It is to separate a piece of real estate from the rest of a decedent's estate due to a pending loan we have initiated to pay off a reverse mortgage on property willed to us. The jurisdiction is California Superior Court, Los Angeles County.

Attorney Answers 4

  1. No form. You need to draft a separate pleading. Look on the internet for a pleading.

  2. I agree with Mr. Benton. In Los Angeles County, this application requires a written pleading, not a form. You should review LA County's local rules, particularly Rule 4.12 (pertaining to Probate ex partes) and California Rules of Court 3.1200 to make sure that your matter should/can be heard ex parte.

    Also, it's not clear as to who you are referring to when you say "we have initiated [a loan] to pay off a reverse mortgage". Are you the estate administrator? If so, you will need to make sure that you have the authority to enter into such transactions? If you and other seeking the court's order are beneficiaries, then you'll need to have some authority for your request.
    Rather than rely on the internet, you may want to consult with a probate attorney

    Disclaimer: The above answer does not create an attorney/client relationship. My responses are intended to provide general information about the question posted. I am licensed to practice in the state of California. The information provided on this site should not be used as a substitute for conferring with or hiring a competent legal advice from a licensed attorney that practices in the subject area in your state.

  3. The other attorneys are correct about procedure. You also need to make sure that you can go in ex-parte. You must show exigency. If it is real estate, unless the reverse mortgage company is threatening to sell immediately, you may have to go through the regular channels to get what you want.

  4. An ex parte application for relief in a probate matter requires some showing of irreparable harm or exigent circumstances. A pending foreclosure may work, but it depends on the facts. Reverse mortgage lenders are a tough beast to deal with. Be sure the administrator has an attorney as we can often postpone things with agreement from the reverse mortgage lender. Good luck!

    As we must state: any information provided in this answer is not legal advice and your use of it does not create an attorney-client relationship.

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