QUESTION
What does a notice of hearing regarding request to resign as personal representative with a failure to appear could result in dismissal?
Asked on Aug 05th, 2013 on Estate Planning - California
7 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If you received a notice of a hearing, it mean s you may attend the hearing. If you don't understand it, you can call the clerk at the courthouse.
Answered on Aug 22nd, 2013 at 11:28 AM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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If the petition that the hearing is on is for the Personal Representative (not you) to resign, you not appearing should not affect the way the court decides the petition, but if you are the Personal Representative and you petitioned for removal, you need to appear or your petition may well be dismissed.
Answered on Aug 06th, 2013 at 1:04 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I do not follow your question. This sounds like a homemade form. If a hearing has been scheduled and you fail to show up, then the judge could grant whatever relief he/she deems right, under the circumstances. This might result in a situation that you would not want.
Answered on Aug 05th, 2013 at 10:13 PM
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Request the underlying petition from the person who filed it or their lawyer. The notice merely tells you that something is going on. You need to review the actual motion or petition to fully understand what is at issue. If you are unsure of what it all means, seek legal counsel. This forum is really intended to let you know if you need an attorney or not.
Answered on Aug 05th, 2013 at 8:53 PM
Thomas Edward Gates
Someone has petition the court to have your removed as the personal representative of the probate you are handling. The hearing is to determine if you should be removed. You showing will be an automatic removal. The basis of this challenge should not be foreign to you and you need to prepare a response. This includes talking and working with the estate attorney. Also, if there are other beneficiaries, see if any will speak in your behalf.
Answered on Aug 05th, 2013 at 6:53 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The notice means what it says, you or someone will be dismissed, if you filed a legal action in a probate proceeding or you are the court administrator or executor for failure to proceed in the legal action or failed to appear.
Answered on Aug 05th, 2013 at 6:52 PM
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Sounds like the personal representative is not doing their job and the court is considering removing them.
Answered on Aug 05th, 2013 at 6:52 PM