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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26702
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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There is an escrow account from procedes for selling our home that

Resolved Question:

There is an escrow account from procedes for selling our home
that is in my x's attorney name and my old attorneys name
my x's attorney petitioned to be releived from the responsibilty of that account since he is no longer her attorney an my old attorney doesnt plan on showing up either.
So how does the judge procede with the money thats in escrow if at this time neither one of us have an attorney?
What could he do? Court date is very soon.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

There's no requirement for you to have an attorney, and if no counsel shows up for both parties, but you and your ex actually do show up, the judge can order that the funds in the account be distributed from the account to you an your ex.

Thus, the court can dispose of the money in this account with or without your attorneys.
Customer: replied 1 year ago.


We have not got to the final equitable distribution yet?


that money needs to satify alot of those final issues.


I have not submitted anything as far as an inventory or bills as of the seperation, to the judge either did my x as of today and as far as I know but if she did would I be notified that she is ready but I am not?


No hearing is schedule for the equidable distribuation at this time

Expert:  Roger replied 1 year ago.
Ok. Thanks

You would be noticed of any application for disbursement by your ex. If there are debts to be paid, then the court will likely require that the funds be applied to those debts to ensure that the funds are properly applied.
Customer: replied 1 year ago.


this hearing is only bc my wifes attorney petition the court to be relieved from his responsibility of that escrow money.


My x's attorney is showing up to court.


I wont have an attorney , should I? would it make a differance if I had representation for that day? I beleive her attorney is only going to be there to be releived.


I dont think he is going to represent her at that hearing.


Can I check the docates or something else to see if she will have him there to represent her?


Wouldnt I have a right to know if she will have representation before that day? or will the courts allow a last min suprise representation? i am unsure about if the judge would just distribute the funds between my x and myself because if we get into whats owed or outstanding debts that kind of leads into a longer hearing


I would like to have the opportunity to have representation for the final equitable distribution phase.Could/ would the judge start the equitable distribution process that day.


I would hope that would be for another hearing.


That is more involved and I wouldnt think that hearing would be quick?


What is it called that has to be submitted from both parties before a equitable hearing is scheduled?

Expert:  Roger replied 1 year ago.
Ok. If the hearing is only to allow her attorney to withdraw, then there's likely no reason for you to have an attorney present. All that should happen is related to her attorney - - and nothing to do with you.

You can check the docket to see if there's anything else set to be heard on that day. However, you're not entitled to know whether she's going to have an attorney there for her or not. That's nothing that the court would require her to tell you.

The judge should not start any equitable distribution process if it is not set for hearing that day. You would have to be given a notice of hearing before a setting for this would be made; and the court would have to have the matter set for hearing before the judge would hear it.
Customer: replied 1 year ago.

 


Again, what could happen to the money in escrow if neither party is represented.


 


knowing neither party submitted anything to the courts for the final equitable distribution phase and no dates are schedule


 


only my opinion that money needs somehow to be applied when that final hearing is schedule


 


I still cant see how the judge is going to distribute the money that day? again how?

Expert:  Roger replied 1 year ago.
If the motion is just to relieve her attorney of his responsibilities as to the funds in that account, then that's all that should happen.

The judge can and likely will order that the funds in the account be held until further order of the court - - which means that the court will take up the issue of what to do with the money in the account at a later date. Or, if you and your wife can agree on what to do with the money, then the court could grant that as well. But, if there's no agreement, it is likely that the court would order the funds to be held until the hearing on property division is held.

I can't predict what the court will do, but the most likely option would be to simply relieve the attorney and just order that the funds be held in the account until a later date - - such as the property distribution hearing.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26702
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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