QUESTION
Can my brother file an objection 2 days before the hearing?
Asked on Mar 24th, 2013 on Estate Planning - Michigan
More details to this question:
My brother and I have a hearing for probate Monday morning ,that I filed. I served him in a timely manner. He served an objection to me on Friday, 2 days before the hearing. Can he do that 2 days before the hearing?
14 ANSWERS
Depends on whether the judge allows it or not.
Answered on Apr 03rd, 2013 at 8:46 PM
If he is not represented by a lawyer, the Judge will probably cut him some slack.
Answered on Apr 01st, 2013 at 2:26 AM
It depends upon your local probate rules. You should consult a probate attorney for assistance.
Answered on Mar 26th, 2013 at 11:16 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Why is there a hearing for a probate? In Oregon, we normally wouldn't be in court unless there's an objection to something the PR has done. Explain to the judge that you have not had time to prepare for the issues raised in the objection.
Answered on Mar 26th, 2013 at 11:43 AM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
Yes
Answered on Mar 25th, 2013 at 4:45 PM
3 Awards
He can always file it. It is up to the judge to determine if it is timely.
Answered on Mar 25th, 2013 at 4:44 PM
Elder Law Attorney serving Hollister, CA
at
Charles R. Perry
Update Your Profile
It depends on the nature of the hearing. I have seen objections made at the time of the first hearing in the case, in which case the court sets up a process for handling it. If there is no rule as to the timing of the objection, then the judge will likely consider the objection timely. Indeed, courts have a preference for dealing with objections on the merits, rather than deny them based on a strict enforcement of the rules when any prejudice to the other parties can be cured.
Answered on Mar 25th, 2013 at 4:44 PM
Estate Planning Attorney serving Torrance, CA
at
The Law Office of Kelvin Green
Update Your Profile
Since he an make an oral objection at the hearing, the notice he as given you will be sufficient
Answered on Mar 25th, 2013 at 4:44 PM
2 Awards
Yes. He could show up at the hearing and object.
Answered on Mar 25th, 2013 at 4:44 PM
General Civil Trial Practice Attorney serving Oklahoma City, OK
Partner at
Denker & Associates, PLLC
Reviews not shown
1 Award
In Oklahoma the objection can usually be filed at any time prior to, or at the time of a hearing.
Answered on Mar 25th, 2013 at 4:43 PM
Thomas Edward Gates
He has the opportunity to state his objections at the hearing.
Answered on Mar 25th, 2013 at 4:43 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
He runs the risk of ticking off the judge. But it is not required that someone file objections at all. They can simply object at the hearing. If the objections are valid, it makes little difference. If they are not valid, likewise, it makes little difference.
Answered on Mar 25th, 2013 at 4:42 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
The court will probably allow it.
Answered on Mar 25th, 2013 at 4:42 PM