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NO LEGAL ADVICE  WAS GIVEN BY ME
NO LEGAL ADVICE WAS GIVEN BY ME, N/A
Category: Legal
Satisfied Customers: 180
Experience:  All information given by me was for ENTERNTAINMENT PURPOSES ONLY -No legal Advice was provided.
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hi, in a trust administration, my fathers "no ...

Customer Question

hi, in a trust administration, my father's "no contest" clause states that if anyone seeks an ajudication in any court, then they are out, 1 cent. my sister just took me to court, is she out? she also did not file the will because it was in my favor. no contest says that if anyone sets this will aside, their out. is she out?   also can i appeal a stipulation? thankyou
Submitted: 8 years ago.
Category: Legal
Expert:  NO LEGAL ADVICE WAS GIVEN BY ME replied 8 years ago.
Which court did your sister use? Civil Court, or probate court? Do you know if there is a trustee, executor of any will, or does this trust decide the distribution of assets and liabilities of the estate?

VRJ

Customer: replied 8 years ago.
hi, sorry i took so long...i it was civil court. it was for unlawful detainer. yes there is a will, i am executor. no the trust does not decide the distribution distribution of assets or liabilities.
Expert:  NO LEGAL ADVICE WAS GIVEN BY ME replied 8 years ago.
Good to see you back, I hope court went well. As executor, you are calling the shots, or should be. I am not sure why you did not probate the will, and why does your sister have it? The lawyers and perjury comments sounds like there is much more to this?

VRJ

Customer: replied 8 years ago.
there is! too much too say. she frauded her way to trustee and she has control, right? can i file will?
Expert:  NO LEGAL ADVICE WAS GIVEN BY ME replied 8 years ago.
Well, you just made my job easier, but much harder on you as there is really only one option you have, and it appears you have already done this, but let's hope not. You are still at stage where can still petition the probate court to be heard. You obviously want to challenge based on fraud. If you have done that, and that is the reason you want to appeal, well yes, you can appeal that decision, but you have to find that the judge who ruled was mistaken. Whatever you do now, has to be done through court, and asking any attorney what will happen, any attorney will tell you they don't know how the judge will rule. You can only petition probate Court, and see what happens.

Have you tried the California state Bar? Please Click here and see if there are any pro bono attorneys available, you will need one. Even though you may not trusts attorneys right now, they are not all bad, and CalBar has some pretty good attorneys who do provide pro bono or at least low cost services. They are picked by the Bar, so they are good. I certainly do not envy your situation, but this is a very complicated case, and you need an attorney you can trust. I know that will be hard, but please try. You may be surprised.

Your Just Answer Expert,

VRJ



Expert:  NO LEGAL ADVICE WAS GIVEN BY ME replied 8 years ago.
I certainly hope I did not scare you off. Please remember, it is my job to help you, and I want to do just that. Please let me now if you need further assistance in any way.

Your Just Answer Expert,

VRJ


Customer: replied 8 years ago.
I will pay you. my pay pal is limited, i don't know why. respectfully, jon
Expert:  NO LEGAL ADVICE WAS GIVEN BY ME replied 8 years ago.
Please contact [email protected] if you are having problems with your account. I don't have access to the payment processing system.

VRJ

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