QUESTION
My sister made false accusations against her siblings over my mom’s estate should I write the judge and expose her?
Asked on Jul 09th, 2013 on Estate Planning - Michigan
More details to this question:
When our mother died, all of her children agreed that my sister sally, who is a lawyer, be executor. Of out mother's estate. But when my sister sally didn't do what my sister Mary wanted her to do regarding the estate, Mary got quite upset and mailed the presiding judge a four page letter objecting to sally's appointment and wanted to be named executor. To our mother's estate instead of Sally. In her letter to the judge, Mary listed over 25 statements about herself and accusations against the rest of her siblings (By the way, Mary sent me a copy of this letter. That's why I know what she said to the judge). In the statements about herself, Mary told the judge how she was the only one that took care of our mother during the last two years of her life while the rest of her siblings totally ignored her. Mary explains to the judge on how many ways she helped our mother (I counted about eight of them). All of them either untrue or she left out some pertinent information. Mary also wrote about eight allegations the rest of her siblings said or did or did not due about our mother. Some of them Mary went back 30 years to find them. All of them are just out and out lies. Finally, the rest of Mary's accusations and statements are stories that have nothing to do with our mother's estate. My question is should I send the presiding judge another letter which I would go through each one of Mary's statements and accusations one by one and offer the judge proof to show what Mary said is untrue or that she is lying. I am just afraid if I don't challenge my sister Mary, the judge might believe her letter and Mary will get away with it and be appointment executor, a position she does not deserve.
13 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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What you need to do is retain counsel. Writing letters to the "presiding judge" may make you feel better but a judge, presiding or not, isn't going to make any sort of a ruling on the basis of statements made by one party. You just need to do that right away.
Answered on Jul 24th, 2013 at 7:28 AM
Letters to judges, especially by in pro per people written to presiding judge [head judge and not the one who will hear the matter] normally are not read at all. The best way to help out Sally is to get all the other sisters together to support Sally, to appear at the hearing where the administrator will be appointed, and to tell Mary that no one will support her being named. It will be a waste of time to send a letter unless you live in a very small town in which few legal matters are heard.
Answered on Jul 11th, 2013 at 1:22 AM
Yes, you should respond to the false allegations.
Answered on Jul 10th, 2013 at 11:36 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You have written this same question a number of times in a number of online forums. NO, you should never write a letter to a judge. All that is likely to do is to tick the judge off. In legal proceedings, there are rules of procedure. Unilateral contact by one of the parties is not permissible. It can result in a judge recusing himself/herself from the case. Judges have thousands of files that they deal with in a year. If everyone simply wrote a letter to the judge, the judge would not have time for anything else. BELIEVE ME, you are not the first person who has had the idea to just write a letter to the judge. Obviously, your sister beat you to it, in this case. My guess is, if the judge read the letter, which is uncertain, he will chastise your sister, the next chance he gets. If you are serious about this, you should retain an attorney. Otherwise, the judge may just appoint a public administrator to handle the estate, since the family apparently cannot agree.
Answered on Jul 10th, 2013 at 11:02 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If you believe that sister Sally is doing an OK job of administering the estate, just call her. Ask her if she needs you to write to the judge. The judge may have treated Mary's letter as a formal objection, in which case there would need to be a hearing and you would have your opportunity to testify. The judge may be treating Mary's letter as an angry letter to a judge that has no relevance to the matter at hand. None of what you list is relevant either your mother left a will, in which case the will specifies what happens to the estate, or she didn't, in which case the law will say. Except for someone who murders their mother, bad people inherit just like good people do. But work with your siblings. If all of you get to sending letters to the judge, the administration will take forever, may cost more if people start to lawyer up, and may turn out badly.
Answered on Jul 10th, 2013 at 10:56 PM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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The judge will not act on the letter from Mary, and will not act on a letter from you. It does not comply with the procedure that must be followed in order to have a matter brought before the court. At most, the judge can schedule a hearing and provide notice of it to all interested persons. It is at such a hearing that you would have an opportunity to address Mary's statements.
Answered on Jul 10th, 2013 at 10:47 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You should talk to your sister Sally (the current executor). Sally will tell you that judges do not act based only on letters from the parties. Your sister would have to make a Motion, following the court's formal procedural rules, to have a new executor named. Her motion would have to be supported by sworn testimony, not by a simple letter. There is no need for you to write a letter to the judge.
Answered on Jul 10th, 2013 at 10:11 PM
2 Awards
You can write a letter to the judge but generally those things don't hold much weight. The wronged parties should hire an attorney to get what they are entitled to.
Answered on Jul 10th, 2013 at 3:04 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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A letter to a judge has no legal effect. Anything you want to bring to the judge's attention must be in the form of a legal pleading, setting out your claim and asking for legal relief.
Answered on Jul 10th, 2013 at 2:50 PM
Families often quibble about how a parent's estate is settled. However, Mary's letter will not automatically get her named as executor. It is possible that the judge will hold a hearing to review the executorship and allow all of you to state your case to retain or remove Sally as executor. However, if Sally was named as executor by the court, it will not remove her unless Mary can prove serious misconduct or fraud on Sally's part.
Answered on Jul 10th, 2013 at 2:49 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Judges don't have time to read long letters from people. If there is a dispute, you should retain an attorney and file a motion in court.
Answered on Jul 10th, 2013 at 2:49 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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If there is a hearing you should file pleadings explaining your side of the letter and support your sister Sally
Answered on Jul 10th, 2013 at 2:48 PM
Yes, send a letter to the Judge; but, be ready to back up what you say in court. Hopefully, the Judge will send you all to mediation.
Answered on Jul 10th, 2013 at 2:48 PM