truthandhonor
Member
What is the name of your state? CA
If a beneficiary files a petition in court for delcaratory relief that the petitioner will not lose their inheritance under a no contest clause, doesn't the respondants (Co-trustess), aren't they supposed to file a response to the petition to the court? And then the petitioner files a rebuttal so the judge has something to go on? The trustess are playing visciously dirty at every juncture, both are fighting amongst themselves, and horribly abusive to the female beneficiaries. Both trustees are trying to take the other one out to obtain full and absolute control over a large estate leaving the other benefiaries in a terrible position.
Now, instead of answering the petition, or coming to the table as was requested, one co-trustee has demanded a depostion and release of all pertinent documents before the intitial court date. The addtional petitions to be filed are for removal of the trustees, and for modification to the trust to do what the trustor had obviouisly intended to do. The trustees contended the reason they will not make districutions is because the beneficiary is on SSI and Medi-Cal thus cannot have any money or assets over $2,000, when in it is not true, was never true, and never can be. The whole trust seems to be a sham. Either the trustees convinced the trustor or there's a big mistake. Either way, it's going to be fought.
Does it make sense to give a deposition before a court hearing for declaratory relief without filing any response to the court? Thank you for your help.
If a beneficiary files a petition in court for delcaratory relief that the petitioner will not lose their inheritance under a no contest clause, doesn't the respondants (Co-trustess), aren't they supposed to file a response to the petition to the court? And then the petitioner files a rebuttal so the judge has something to go on? The trustess are playing visciously dirty at every juncture, both are fighting amongst themselves, and horribly abusive to the female beneficiaries. Both trustees are trying to take the other one out to obtain full and absolute control over a large estate leaving the other benefiaries in a terrible position.
Now, instead of answering the petition, or coming to the table as was requested, one co-trustee has demanded a depostion and release of all pertinent documents before the intitial court date. The addtional petitions to be filed are for removal of the trustees, and for modification to the trust to do what the trustor had obviouisly intended to do. The trustees contended the reason they will not make districutions is because the beneficiary is on SSI and Medi-Cal thus cannot have any money or assets over $2,000, when in it is not true, was never true, and never can be. The whole trust seems to be a sham. Either the trustees convinced the trustor or there's a big mistake. Either way, it's going to be fought.
Does it make sense to give a deposition before a court hearing for declaratory relief without filing any response to the court? Thank you for your help.