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Petition for Instructions in Los Angeles

Explanation by a Los Angeles Trust Administration Lawyer

There are many probate and trust administration instances when a petition for instructions may come in handy. A petition for instructions can be sought by a trustee or personal representative of an estate. That individual can seek court approval of the potential actions that are taken by the trustee in association with the trust administration. The purpose is to ask the judge to explain whether the trustee or executor's action are acceptable. It provides an opportunity for a beneficiary or heir to object. The procedure of a petition for instructions can be most appropriately handled by a Los Angeles trust administration lawyer from our firm.

Purpose of a Petition for Instructions

A petition for instructions can be filed in cases where the trustee of a trust or a personal representative of an estate would like court guidance on an issue that is concerning to them regarding the trust or probate administration. This can be filed with the probate court and ask the court to "instruct" the trustee if his or her actions have become questionable. Under California Probate Code §17200(b)(6), the code states that those who proceedings can be held to instruct the trustee. It is important to remember that this procedure is not beneficial for every circumstance that arises in trust administration, but can help for many issues.

If you serve as a fiduciary and are in need of court guidance, a Los Angeles probate lawyer can help you request this assistance. When an issue of how much in reserves to retain for future interests or with issues involving a conflict of interests that requires court guidance, a petition for instructions can be the means to resolution. It is beneficial to consult with your attorney from the Law Offices of David A. Shapiro, P.C. to have this issue handled in the most efficient manner possible.

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