What is the difference between a motion and a petition? What form do I use to bring an executor of a living trust and will to c

Asked almost 5 years ago - Pomona, CA

What form do I use in a California Superior Court to bring an executor in for removal and to hold him accountable for the estate money he spent?

Attorney answers (1)

  1. Henry Daniel Lively

    Contributor Level 20

    Answered . To start the court process, you will have to file a Petition. A motion is a formal request to the judge to make a particular ruling once the court process has begun through the filing of the Petition.

    If you are not familiar with this process, you should hire an attorney. You need to particularly be careful of a no contest clause. If you are an heir this would effectively disinherit you if you make a contest,

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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