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What form is used to object to a petition for probate on the…

What form is used...

What form is used to object to a petition for probate on the grounds that the decedent created a Living Trust subsequent to the will

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: What documents or supporting evidence do you have?

A signed and notarized Living Trust

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of at this time.

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Answered in 6 minutes by:
3/19/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,596
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Did the deceased have any assets in their personal name when they passed? like deeds or bank accounts or vehicles?

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thanks

Barrister

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Customer reply replied 4 months ago
Per the trust all assets were transfered to the trust. The home was transferred via quitclaim deed.
Customer reply replied 4 months ago
There are 5 heirs, each heir is to receive 1/5 of the estate.

Ok, the thing is that if there were assets in the deceased's name when they passed, then there would be a probatable estate.. A trust owns the assets in it... and in order to put assets in a trust, they have to be titled to the trust... Deeds have to be transferred from the owner to the trust's name with a new deed, vehicles have to have titles signed over, accounts have to be retitled in the trust's name..

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So if that wasn't done, then a directive in the trust that says "all assets the grantor owns at death go into the trust" would be treated as a "pour over will" and that would still have to go through probate to be actually transferred into the trust..

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If these things aren't done correctly while the maker of the trust is living, it can defeat the entire purpose of setting up a trust to avoid probate..

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.

thanks

Barrister

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Customer reply replied 4 months ago
This is the language from the Trust, "The Grantor declares that he or she has sset aside and caused the transfer of all or his or her right title, and interest in and to the property described iin Schedule A to the Trust together with any other property added to the Trust, the Trust Property for the use, benefit and enjoyment of the beneficiaries named herein. Would this suffice for pour over?

For personal property without titles or other ownership documents, yes. So if the Schedule A lists desks, chairs ,watches, furniture, etc. then that is fine.

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But if it says Bank Account number XXXXX or 2010 Ford F150..... that doesn't do it because those assets have title information that would have to be changed to transfer.

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That means those items have to go through probate, then are transferred into the trust by the executor, then the trustee would distribute those assets according to what the trust says.

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But anything that isn't listed in the Schedule that is in the deceased's name would be in their estate and have to go through probate to descend according to any will or under default state law.

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Customer reply replied 4 months ago
Schedule A Language:
Real Property located at .....
Type of Property: HomeThe following financial accounts:
Wells Fargo
Account Type: Checking and SavingsThe following additional property:
All personal property, including but not limited to jewelry, household furniture and furnishings, clothes and other personal items.
Customer reply replied 4 months ago
All of the Grantor's interest in the follfowing property is transferred into the Trust:
It won't it won't work because you can't transfer Real Estate I just saying you transfer Real Estate. You have to do a deed from the grantor over to the trust so the properties in the trust's name. Same thing with bank accounts. So if those assets were in the deceased's name when they died they go into their estate and then would transfer from the estate over to the trust.
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But that means they have to go through probate first.
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,596
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Barrister and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
There is a deed for the home transferring via deed to the trust. not for the bank accounts. Is there a form that can be used to object to the petition for probate and we can let the judge clear this up.
Customer reply replied 4 months ago
This has become two heirs fighting. The one heir who is co-trustee has asked me to help file the objection to the petititon for probate. I want to get him started and then give him more time to prepare necessary documents to respond to this situation.
Customer reply replied 4 months ago
How would you suggest we respond at this point? Something has to go to the court in response to the petition and request to appoint a different heir to administrate the estate.
Since the assets are going to have to go through probate, if you don't like the person who is petitioning to be the administrator of the estate you can file your own objection and ask that you be appointed as the administrator of the estate. The judge would then listen to both sides and make a decision as to who should be administrator of the estate.
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Customer reply replied 4 months ago
Is there a form or should this be done on pleading paper?

You would just file a written objection to the appointment of the person who you don't like and state any reasons for your objection. Then in your prayer for relief, you then ask that XXXX be appointed instead of the person who has filed the probate petition.

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I am not seeing any standard objection template on the CA court website. The closest thing is DE-165 but that is for objections after the Administrator/executor is appointed.

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So I would just do it as a pleading and make the info at the top (the "tombstone") the same as the notice you received and then just state your objections and then your request that someone else be appointed. Then you sign it, file a copy with the court and send a copy to the other side.

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