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What are my options as a beneficiary in dealing with a judge who is going to close an estate soon with pending disputes?
Anonymous5 views4 answers
Is there anything I can file to keep a probate case open where I have not been given an opportunity to have my petition to remove the administrator heard? The judge cancelled a hearing for it after I agreed to mediation, but after disagreeing with mediation details, the judge now threatens to disallow the hearing of my petition and for him to make a final decision. I suspect the judge is wanting to close this quickly because the court is guilty of much ex parte communication, conflicts of interest, failing to cite the admin. for failing to file accounting, etc. in a timely manner (years of delays), etc. Is there a way I can declare a mistrial based on all that? If so, do I need to do so before the judge makes his final decision? I fear the judge making a much more negative decision.
You should retain counsel to advise and assist you. There are many attorneys in your area who have posted a profile here on and who would welcome the opportunity to assist you. However, you must reach out to them (contact info available on each attorney’s profile) as attorneys are not allowed to directly solicit your business. All the best!
Ask your attorney what is his or her strategy. If you do not have an attorney, based on case history you have listed, be prepared to be pored out of court. What makes you think you can actually accomplish anything based on your results so far? If you had a broken leg would you attempt to set the bone yourself and make the cast? The courtroom is no place for amateurs.
I agree with all the answers provided, also, it would appear that the proper protocol was followed when the hearing date was set aside due to a pending mediation, which in theory would have obviated the need for a hearing.
