My attorney did not present the Petition's major points...the one which is the most critical is the forged power of attorney, and based on the judge's demeanor, the judge never read the Petition either. Can I mail the judge the forged power of attorney that was a key part of the Petition and about which he is completely oblivious? I don't see any other way for him to know that was the reason for bringing the Petition, (along with the obstinancy of PR in not providing any bank financials, but that's too complicated). Can't I just mail the judge the forged power of attorney? Should I say my attorney forgot to mention this, but if you check back, it's already in the Petition. Otherwise I'm going to get slammed with over five figures in legal fees.
State/Country relating to question: Washington
I am sorry but that would be considered an ex parte communication with the judge and it is not allowed. The clerk would trash the letter. Anything to the court has to be a formal submission and you have to also serve it on the other party. Sorry but that is the rule.
Attorney with experience in wills, estates and trusts
So if I send the forged power of attorney to opposing council, again...and the judge, then that's kosher? As long as both are served? How would opposing council take this gesture?
Can I just call PR's attorney and ask them why they forged the power of attorney? I want to ask before I decide whether to challenge for my legal fees or not. Right now the PR wants to close the estate, neither one of us ask for legal fees. But PR forced me into legal action with the forgery. What should I do with it?
I am sorry but site rules do not allow me to tell you what to do. In addition, I am not privy as to why the POA is relevant to the issues. A POA ends at death. I can't answer as to why your attorney did not bring up the major points. I am sorry but I just don't have enough information. When there is an hearing and the judge renders a decision, you have ten days to ask for a reconsideration or a new trial and thirty days to appeal. Those are your only legal actions that are allowed.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).