Part II - Filing of Petition within 120 Days Even if Notice was Not Served Does Not Time-Bar the Petition

To continue our blog on Straley v. Gamble; approximately two weeks after decedent's death, William O. Gamble III (trustee, defendant and trustee) served Steven Straley (decedent's son; plaintiff and appellant) a notice of the administration of the trust, in accordance with section 16061.7 of the Probate Code. Five days later, Steven was also served with a copy of the trust.

Within 120 days of receiving the notice, Steven filed a petition asking the trial court to "determine whether the entire distribution had been changed pursuant to the amendment." Notice of the petition was not served until Steven served a notice of hearing a couple of months later.

On November 28, 2011, William filed and served his response to Steven's petition stating that the "petition was time-barred, pursuant to section 16061.7 and the doctrine of laches, and that the amendment was invalid."

The trial court agreed with William ruling that the petition was time-barred by section 16061.7 and by the equitable doctrine of laches. Steven appealed.

Tune in for more on this topic on subsequent blog.

*This blog entry was not written by an Attorney and should not be construed as professional legal advice.

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