QUESTION
What would a show cause hearing be used for in someone's estate?
Asked on Feb 06th, 2013 on Estate Planning - California
More details to this question:
The person who became executrix ended up forging the judge's signature on her ex-husband's estate so she could do what she wanted with his things. Not sure if the judge knows that, but a year later, there is a show cause hearing scheduled. I'm just wondering if that sort of hearing is routine or if she stands to get in trouble. She has numerous other court proceedings, with forgery on a car title as one of them.
10 ANSWERS
2 Awards
A show cause hearing is usually set when someone has not done something they were supposed to. Not sure if the Judge would know of the forged order, but if you know about it and you feel it is appropriate, go to court and discuss the issue with the Judge.
Answered on Feb 11th, 2013 at 12:50 AM
3 Awards
Generally a show cause hearing is an opportunity for the person cited to show cause why "they should not be removed, have a judgment entered against them, be held in contempt of court, etc." Absent showing "good cause for the neglect, etc.", bad things (removal, judgment, contempt, bench warrant, etc.) usually happen to the person cited.
Answered on Feb 08th, 2013 at 4:28 PM
Edwin K. Niles
There are two possibilities: Some courts issue an order to show cause routinely if a probate is open more than a reasonable length of time. In that case, the court merely wishes to know what plans the executrix has for closing the estate. Or, it's possible that the forgery was somehow brought to the court's attention, in which event there is a real problem for the executrix. In any event, the forgery should be called to the court?s attention, preferably by filing the appropriate papers before the hearing.
Answered on Feb 08th, 2013 at 4:27 PM
Thomas Edward Gates
It is not usual to have a Show Cause hearing for a probate matter. At a Show Cause hearing, the person is defending against some issue before the court.
Answered on Feb 08th, 2013 at 2:32 PM
Without knowing more information it is not possible to know the details of the Show Cause hearing. However, it is very possible that the person who took these actions can get into trouble for taking such actions.
Answered on Feb 08th, 2013 at 2:31 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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A show cause hearing is not routine; it can happen for something relatively innocuous, like missing the deadline for filing an account. It can be more serious, and involve potentially removing the PR. Of course, if a judge becomes aware that his or her signature was forged on a legal document, that's going to get capital-S Serious.
Answered on Feb 08th, 2013 at 2:29 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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I have never had an order to show cause hearing in a probate matter. I think that the judge has some questions about what has been done, and wants the executor to present evidence showing why he or she should not be held in contempt for their conduct.
Answered on Feb 08th, 2013 at 2:28 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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A show cause hearing is not unusual, but there are too many moving parts and variables to be sure in your case what this is about. The documents need to be reviewed by an attorney. Yes, she could get in trouble for this. Big trouble.
Answered on Feb 08th, 2013 at 10:55 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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She can be in trouble. A show cause hearing is to show the Court why something was done or not done.
Answered on Feb 08th, 2013 at 10:53 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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There should be something on the documents for the hearing that explain the issue before the court. This type of hearing is usually set when there has been a violation of a court rule or a judge's order, but it really could be almost anything. If you are sure the judge's signature is a forgery, then the forgery should be brought to the court's attention and appropriate action taken to protect the estate and punish the executrix.
Answered on Feb 08th, 2013 at 10:50 AM