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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3000
Experience:  Civil litigation attorney for individuals and businesses.
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I need to be court appointed as a Personal

Resolved Question:

I need to be court appointed as a Personal Rep. for my deceased father's estate and there is a time issue to get this done. There is also property on the estate that a family member took it upon themselves to divide using a "quit claim deed," in another state. This property was my mothers, she is deceased and there is no will on this estate. I was the conservator/guardian, until my father's Alz. disease changed all that! Please could you respond ASAP? I have been trying to get an attorney for two days, but I was told by the bank trust that I could do this myself and then go before the judge. Can I do that? Another VERY deceptive family member in Maryland has stated she is going to become the PR! Sincerely XXXXX XXXXX Rev. xxxxxx

Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I am sorry to learn of the loss of your parents. You may apply to be personal representative for the estate without an attorney. Here is a very helpful link to the Arizona State Court (Maricopa County) procedure and court forms required to go through this process. http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/ProbateCases/prob_pbip1.asp (The procedure and forms will be the same for any County, but there will be a difference in departments, and you should contact the Clerk's office to see if there are any additional documents that they require - usually they do not).

William B. Esq. :

Given the complexity of these matters, it may be wise to continue searching for an attorney. If you cannot find one on your own, you can use the Arizona Bar Association's Lawyer Referral Service; Martindale Hubble, or AVVO to find an attorney that specializes in probate and estates law.

William B. Esq. :

You may file your petition to act as a Personal Representative while you are searching for an attorney. Your attorney can take over representation from there and determine what is the best legal action to take from that point.

William B. Esq. :

I hope the above is helpful, and I hope that this matter is resolved swiftly. If you have any questions please do not hesitate to ask. Best regards, Bill.

Expert:  William B. Esq. replied 1 year ago.
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Customer: replied 1 year ago.

William: Thenak you for your simpathy, it is greatly appreciated, especially since my sisters have gone off the deep end since 2010 Oct. when mom died!


 


Is there a website to use the "cotified laws of SD?" The trustee at the bamk made this coimment to me thinking this could speed things up as of this week! May have misspelled that legal term! How long will it take for me to get this PR in the state of SD? I need it seriously, yesterday.......but it appears the vulture's have not yet landed!


I need as few stumbling blocks, because I am just recovering from major surgery. Thank you I will wait for your responses.


 


Sincerely sweating,


 


Rev. Dr. Forister

Expert:  William B. Esq. replied 1 year ago.
Dear Customer,

There is a website that you can use for the codified law regarding Personal Representatives: http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=29A-3 (see part 6).

I have searched to try to find similar forms or sample paperwork to assist you in filing a petition to be a Personal Representative in South Dakota. The procedure is here: http://www.lawserver.com/law/state/south-dakota/sd-laws/south_dakota_laws_29a-3-414 . You will need to follow the surrounding links for all of the information, but the basics are that you will need to file a petition to act as personal representative with the Court, similarly as to what you would do in Arizona.

If you need a proceeding like this to happen urgently due to something such as an imminent threat to the property of the estate, you can do so on an "ex-parte" basis, meaning you give all interested parties at least 24 hours notice of the department, time, location that you want to appear and present your motion to the Court, and ask that the Court hear it on an expedited basis. You will have to present the argument later in a noticed motion, but you can at least get the immediate protection you need to get started.
Customer: replied 1 year ago.

Thank you Bill, I appreciate all you have advised informatively today.......WOW. I am going to these sites and getting started this moment.


 


I apologize for my misspellings, I am in too much of a hurry!


 


I hope I can get this filed in the courts tomorrow.


 


One last question, in what form of notification do I have to use to notify all other "vulture sisters?" Email, phone call, in-writing? Will I have to show the court that they were notified?


 


Thank you, XXXXX XXXXX

Expert:  William B. Esq. replied 1 year ago.
Dear Customer,

My review of the South Dakota Code of Procedure does not show a specific requirement for service to give prior notice. There is a very specific statute as to general notice (http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=15-6-5%28B%29 ) but the reference to ex-parte notices is not as clear.

Generally, notice should be sufficient to give the other party notice of what the hearing is, when it is, and where it is. Usually a "notice of hearing" is faxed or e-mailed to the other party, followed by a phone call to see if they intend to object (the Court may ask whether or not there is any opposition to your motion).

You can usually ask the Court Clerk what type of notice the Judge prefers (e-mail/fax/etc.) when you call to get your hearing date and time, many Court Clerks are very helpful with this type of information.
Customer: replied 1 year ago.

Thank you Bill, how do I copy this information so that I have all these sites you have so graciously given to me?


 


How do I come back to this site and my questions in case I need to check something?


 


I am so grateful, God Bless you and all your work.


 


Sincerely XXXXX XXXXX


 


Rev. Dr. Forister

Expert:  William B. Esq. replied 1 year ago.
You will get a link to our conversation that you can access at any point. You can ask follow up questions to this question through this same question.

If you want to ask me any questions in the future through this site, you can access it through JustAnswer.com and begin your question with "For CalAttorney2 ... "

I do wish you the best with this matter.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3000
Experience: Civil litigation attorney for individuals and businesses.
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