QUESTION

Do I need a lawyer to petition the court to name myself successor trustee regarding a long finalized trust?

Asked on Oct 20th, 2014 on Trusts and Estates - California
More details to this question:
I was part of a trust set up by my mother, and upon her death in 1989 it was overseen by my uncle as trustee. In 2003, at age 28 my part of the trust was distributed to me. Part of the trust was a piece of commercial property, of which I own 1/8. As it turns out, my share of the property was never deeded into my name, and now that i'm in the process of selling my portion of the property, i can't do so until my name is on the title. My uncle passed away a few years ago, and wells fargo, who for some reason was named as successor trustee, has declined to act. I now need to petition the court to appoint myself successor trustee and then deed the property to myself. Can I do this on my own, or do I need an attorney?
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1 ANSWER

You never are required to hire an attorney. However, a good attorney will make the probate court process much easier. Hiring an experienced probate attorney will substantially increase the chances that your petition will be approved the first time without any delays or continuances. I encourage you to seek a qualified and experienced probate attorney. When I doubt I suggest looking for certified specialists in estate planning, trust and probate law.
Answered on Oct 21st, 2014 at 7:48 AM

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