Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
1. one party or the other petitions the court.
2. 20 day notice to the other parties.
3. hearing date set.
a. How does the hearing progress?
b. How involved are the lawyers versus the individuals as far as making their opinions and ideas known, asking questions, etc?
c. Can one party, or the other, question the other party directly?
d. Documents from the past, able to be presented to show a pattern of behavior?
e. What are the powers of the judge?
1. fine someone?
2. order jail time?
3. powers limited to the instructions in the will?
f. Does the court have jurisdiction over an IRA account, which is not probate-able? (though it's existence was listed on the probate inventory list but it's value was not, since it's not probate-able)
I've had individuals say the judge listens to all and allows questions in an informal atmosphere. Then lawyers advise avoiding the judge at all cost, he hates personal reps. that do not agree.
my sister and I have had lawyers since late August. I've got $1700 in legal fees and zero progress. Lawyers pass proposals back and forth between my sister and I, waiting on one or the other to accept the other's proposal, while $$$ rolls in at $220 an hour.
E-mails between us have accomplished as much and less costly.
Over 1500 e-mails since summer. Thank goodness the advice of one lawyer that all correspondence to go through the lawyers has been ignored. I doubt they have time to handle 1500-2000 emails and have the slightest idea what is going on. That seems to be my problem. My lawyer seems too busy. I made a proposal through her on Feb. 11th. It got to my sister's lawyer on March 1st.
April 5th, the deadline for the events in my proposal never got a yes or no from the other lawyer. He had 36 days.
Frustration at the least.
Anyone been to a hearing?
I surely now know the probate process if any one has any questions from creditors, powers of the reps., fees, deadlines, issues insuring a vacant home, odd language in a will, vehicles, bills, refunds, etc.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
