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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42862
Experience:  30 years as a family law lawyer .
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I filed an appeal. the defendant filed an ex parte in

Customer Question

hello, I filed an appeal. the defendant filed an ex parte in probate court to be reinstated at trustee during the appeal process which I am told the judge cannot do. do I have to file an ex parte in probate to overturn the judges' recent ruling or can I file an peremptory challenge in probate with an ex parte . or can I file another appeal against this recent ruling made in probate ?
JA: Since laws vary from place to place, what state is this in?
Customer: California
JA: What documents or supporting evidence do you have?
Customer: I have an ex parte petition where the defendant asked to be trustee during the appeals . I now have a court order stating this trustee to be temporary trustee during the appeal. I have been acting trustee and was removed without grounds, or standing by the petitioner.
JA: Anything else you want the lawyer to know before I connect you?
Customer: i don't believe so.
Submitted: 1 month ago.
Category: Family Law
Customer: replied 1 month ago.
it is critical the Stay is kept in place keeping me as acting trustee during the appeals process. can the probate judge make a temporary ruling during an appeal ? should this have been brought up in civil court ? can i file an appeal against this recent court order putting in a temporary trustee during the appeals process. aren't there some instruments to protect people during an appeal where a petition can't easily change a Stay without grounds ?
Expert:  RayAnswers replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 1 month ago.

You will need to file a motion to modify the temporary orders here with Superior Court where this is filed.Since this was a temporary order it can be modified by your motion and a hearing on it. You have to hand draft this motion, it is not something that happens everyday.File the motion and a cover letter asking for a hearing and then copy the other party. These would be your next steps to seek to modify this order.You have the right idea to challenge this.

I appreciate the chance to help you today.Thanks again.

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