QUESTION
My Will Contest was dismissed in Orphan's Court should I file a notice of Appeal in the Circuit Court?
Asked on Apr 04th, 2013 on Estate Planning - California
8 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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This can't be an Oregon question; I don't know what Orphan's Court is. There is a general principal in American law that when you bring a case, you have to state your whole case, all the issues involved, and once there is a decision you cannot file a new case based on the same facts.
Answered on Apr 07th, 2013 at 8:05 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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We have no orphan's court in California. Why are you asking this here?
Answered on Apr 05th, 2013 at 12:09 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Because you are talking about Orphan's Court, this is not a Michigan matter. You should consult with an attorney on this. You are very unlikely to be able to file an entirely new case. Appeal rights tend to be very brief in situations like this. You should consult an attorney right away.
Answered on Apr 05th, 2013 at 10:11 AM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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We don't have Orphans Court in Michigan so can't help you - but my guess is that the answer to your question is NO - you have already had one bite at the apple and most likely your "new claim" would be barred by the doctrine of "res judicata" because the issue between the parties has already been litigated once.
Answered on Apr 05th, 2013 at 9:30 AM
If it is the same issues, you will probably need to appeal. Check with your attorney.
Answered on Apr 05th, 2013 at 9:30 AM
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You NEED to speak with an attorney. Cases RARELY get dismissed outright and it is even more rare that you could be successful on appeal. If you have a case, speak with an attorney, get a game plan, and proceed with your case.
Answered on Apr 05th, 2013 at 3:39 AM
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This is not a Nevada question because we do not have either court. Thus it cannot be answered under Nevada law.
Answered on Apr 05th, 2013 at 3:38 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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We don't have orphans courts or circuit courts in California.
Answered on Apr 05th, 2013 at 3:34 AM