Thank you for your question.
What you need to do is file a Motion for Continuance on the hearing which explains to the court the reason that you cannot attend the scheduled hearing and asking the court to reset the hearing for a better time (you would need to suggest when that reset should be). You will also need to file an affidavit along with your motion for continuance in which you state the facts supporting your motion for continuance and swear to their truth before a notary.
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Who can file that motion for continuance. May I send something myself to
the court? Do I need letters from her physicians? I feel like if I don't do
it myself we will have no option and the hearing will just happen with
absolutely no chance for a "fair hearing" at all.
We are absolutely overwhelmed with our circumstance and want
to know who oversees all court proceedings. Where do I turn when
I need advocacy quick for very unfair and unjust conditions?
thanks for your time
You must be a party to the lawsuit to file a Motion for Continuance. From what I understand after looking at your other questions, you are a beneficiary and want to contest a marriage that was fraudulently entered into.
Have you personally filed an appearance in the probate court?
We represent my sisters estate versus the spouse who
fraudulently married her. The other side wants to close probate
but her assets were never assessed. We never had access to her belongings and there are over 40 boxes, the content of which
were never assessed. How can you close probate on
an estate that was never appropriately assessed or the
assessment was never completed.
We have a video tape in which it is stated that we will have an opportunity to reevaluate the
content of those boxes at a later time.
To this day we have never been given that opportunity.
We need time to properly assess her estate
before anyone has the right to close it. We are her family
and her parents also have rights to her remains and possessions
no matter what their monetary value.
Right now my parents who are party to this, do not
have capacity and my mother is a very delicate health situation
which must be tended to first and foremost.
This hearing can and should be put off for at least 6 months or the
rights of vunlnerable adults will once again be taken advantage
of. What authority shall I contact. If there are any
emergent actions I can take, please advise.
If you represent the estate then you simply file a Motion to Continue, as I stated above. You have to act on your own behalf. There is no authority you can contact in this sort of situation.
A letter from your mother's doctor can help in this situation, and you would simply add it as an exhibit to your motion.
The motion just needs to be a letter to the judge and copied to the other party and filed with the court. It needs to be entitled "Motion for Continuance", explain who you are and then explain why you need the hearing moved to another date, as you've done here already.
Then you attach your affidavit and a letter from the doctor and submit it to the court. You will need to ask the court to grant the continuance without a hearing, do this by calling the court and asking the clerk to hear the motion "on submission".
If the clerk will not allow this, then you need to ask for ahearing date and you will then need to go to court to actually attend the hearing on the continuance.
So it sounds like I could do it myself if I had to. I will see if my lawyer
will assist, otherwise I will take it into my own hands.
Thank you for explaining how it works. I had no idea.
I was completely in the dark and desperate. Thanks for your help!
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