How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 109826
Experience:  Attorney experienced in commercial litigation.
Type Your Consumer Protection Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I am trying to decide to whether file on a probate summary

This answer was rated:

I am trying to decide to whether file on a probate summary order ;
1. Motion to reconsider ( within 10 days)
2. Motion to vacate judgement (within 30 days)

What are the pros and cons of either ? Can you file both together ? In case of denial, is the appeal process the same ?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You should file actually both motions at the same time. The court will likely deny the reconsideration, unless you have some very compelling new evidence you believe the court did not consider as courts rarely like to reverse themselves. If they deny the reconsideration, you still have a shot at asking them to vacate and you cite your legal grounds as to why the case should be vacated and if the motion to vacate is denied, then you can seek to appeal the denial of the motion to vacate, which would only be to appeal the motion to vacate being denied arguing that you had legal grounds for the judgment to be vacated and the court improperly denied that motion.

You really should consider, since the courts really dislike pro se litigants, getting a new attorney to step into the case as it greatly increases your odds here of success.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as or or to find a local attorney to get actual legal advice in all matters.
Customer: replied 2 years ago.

Thanks for you answer,


So do I submit two separate documents simultaneously, listing the reasons in both documents or do I submit one document with the title stating " motion to reconsider and vacate judgement " ?


Is the fact that my attorney withdrew "objection to claims" against estate, without consulting me, sufficient to vacate the judgement in your opinion ?


TO consider: I do not have any "new evidence", the judge failed to look at evidence and hear testimony. More importantly, my attorney just withdrew objections without consulting me and thereby allow final accounting to go through. So what i do want him to do is look at the evidence and then adjudicate. All he ( OK judge-ancillary) did was refer to the findings of the primary probate judge in CT and state that it was dispositive of the issues raised in OK, thereby converting sole property into joint industry property. The problem is that the CT findings do not address the status of real property in OK, I have an attorney look at it and he says so too.


What does "pro se litigants" mean ?

Thank you for your response.

You submit two separate motions at the same time both with a separate memorandum in support of your motion.

Your attorney withdrawing the claims against your wishes could be grounds to argue the motions, but it just makes your case more difficult as the other attorneys have told you.

Pro se litigants are those not represented by attorneys and who are representing themselves.
Customer: replied 2 years ago.

I understand that you state for me to submit two separate motions, but since the contents in the memorandum are the same, is it not superfluous to do so, especially since i do not have any new evidence. I just think the attorney acted improperly and the judge's reading of the CT findings was erroneous to the matter at hand.

Thank you for your response.

While the contents of the memorandum will be substantially similar, you are asking for two different things so some of the grounds are the same but your reasoning is still going to be a little different as to why it should be reconsidered and why it should be vacated.
Customer: replied 2 years ago.

So will I have to set two separate hearing dates or does a denial of the "motion to reconsider" automatically trigger the next "motion to vacate" and a corresponding hearing date ?

Thank you for your response, that is up to the court. Of course, you can file the motion to reconsider within ten days and then at day 30 you file the motion to vacate so you can force the court to do two separate hearings, that is the alternative way of doing this.

Of course, you do realize as the other attorneys told you this is an outside chance of either of these working because the court does not like to reverse itself and your attorney may have permanently damaged your case and you might have to try to go against your former attorney for malpractice to collect your damages and a local attorney would have to review your attorney's conduct to see if pursuing your former attorney would be possible if you lose these motions.
Customer: replied 2 years ago.

Are appeals filed on Motion to Vacate only OR are they filed on Motion to reconsider too ?


Are the hearings to decide the granting/denial of these motions only ?


Meaning that if successful, I will get to present my case on the original pleadings at another future hearing, correct ?

The appeal would be after the motion to vacate.

Yes, the hearings are to decide the merits of your motion to grant or deny them. If granted then you would get to present your case at trial or other hearings.
Law Educator, Esq., Lawyer
Satisfied Customers: 109826
Experience: Attorney experienced in commercial litigation.
Law Educator, Esq. and 3 other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Infolawyer



    Satisfied Customers:

    Licensed attorney helping individuals and businesses.
< Last | Next >
  • Infolawyer's Avatar



    Satisfied Customers:

    Licensed attorney helping individuals and businesses.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • Tina's Avatar



    Satisfied Customers:

    17 years legal experience including consumer protection law.
  • Barrister's Avatar



    Satisfied Customers:

    Attorney with 15 years experience in various consumer protection areas
  • P. Simmons's Avatar

    P. Simmons


    Satisfied Customers:

    16+ yrs. of legal experience.
  • Andrea, Esq.'s Avatar

    Andrea, Esq.


    Satisfied Customers:

    25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
  • LADY LAWYER's Avatar



    Satisfied Customers:

    Consumer Lawyer

Related Consumer Protection Law Questions