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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have extenuating circumstances. You may have answered for

Resolved Question:

I have extenuating circumstances. You may have answered for me before regarding a very tragic circumstance with my sister. Well, there is a probate hearing in coming up that we cannot physically or mentally attend.
We cannot attend because her mother has been critically ill and hospitalized for originally since December, but admitted again to hospital with extremely fragile circumstance. My sis and I are her advocates and feel that we can never leave her as there have been number of medical mistakes that have caused her harm. (extreme negligence)
Since she is the parent of the person whose estate is in question( she is a Party)...it is completely unfair to proceed when her family members are spending every waking hour either
at her bedside gaurding against further medical mistakes or researching every option for the best treatments. We are consumed with advocating for our family member whose health is in jeopardy. Many instances of gross negligence have occurred.
It is completely unrealistic to hold a
hearing for which this party could not possibly prepare due to a family emergency. How do I get to the right people to halt a hearing that we have not even had a chance to consider due
to the fragile and unpredictable physical state of our family member?
I find it very difficult to believe that we
might have to go through with something we not only have not even had the chance to think about, let alone prepare for. This hearing was to shed light on all the things that no one knew about, but very difficulty if you have had no time to prepare.
Suggestions. I know you need more
details. I must send out something asap. thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.

Hi,

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.



Please let me know if you have any further questions. Please
also kindly consider rating my answer positively so that I am compensated for
my work by the website. Rating does not cause an additional charge and will not
prevent us from further discussing your questions.

Best Regards,



ZDN



Customer: replied 1 year ago.

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

Expert:  Zachary replied 1 year ago.

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?

Customer: replied 1 year ago.

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.

Expert:  Zachary replied 1 year ago.

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.

Customer: replied 1 year ago.

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!

Expert:  Zachary replied 1 year ago.
You are welcome. Please remember to rate my question positively, as I am not paid for my work until you do so.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
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