QUESTION
Can you act before the Order is signed?
Asked on Dec 18th, 2014 on Trusts and Estates - California
More details to this question:
What I need to know is can someone act in that capacity even though the order is not signed. I thought you couldn't do anything if a Judge has it under submission. That seems wrong. I mean if you started acting in capacity of successor trustee on say October 10, 2013 and the Judge made his final ruling on say January 3, 2011.... what if he didn't rule in your favor and you had been acting in that capacity for 3 months. Don't you have to wait until the final order is signed?
2 ANSWERS
4 Awards
If you applied for a court order and filed one with the court, then after the court signs it you can act in accordance with the order's terms.
Answered on Jan 06th, 2015 at 12:58 AM
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Usually the judge will make the decision on the day of the hearing "from the bench." In that no decision was made at that time, and the judge took the matter under submission, you cannot act until that decision is made. If needed, it might be possible to have an interim trustee appointed pending the outcome. But that will take another petition and appearance.
Answered on Dec 19th, 2014 at 12:22 PM