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Frequently Asked Questions

Q: Need to know time limits on ex parte petition to remove Trustee? We have an emergent situation with a trustee who has not performed their duties, used funds that are not of the trust, not paid bills, hired an attorney and paid him but not other things in order to disfavor one particular beneficiary and contest the trust and due to all these actions putting the trust at risk of insolvency. There is already a case on file to remove him as trustee due to breach of trust but that was almost two years ago in California and it has not yet been heard. I know how to file but how much notice is required and IS personal service of papers required in Orange County CA?

Keith’s answer: Typically, Ex Parte applications require 24 hour notice, but most courts, Orange County included, have moved to a system where you have to file your Ex Parte application with the court first, and then they give you an Ex Parte hearing date. You then have to give notice of that date. Typically the date is 5 days or so after you submit your Ex Parte application. Personal service is not required, Ex Parte notice is provided by phone to the Trustee’s lawyer.