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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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How to order a subpoena with my fathers probate case in the

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How to order a subpoena with my father's probate case in the court. recently court appointed, myself as Personal Representative of my father. His previous occupation was Property Investor, I found his old account number which associated with IRA in the bank. now it converted to different account number with Assigner(?).
and now, the bank is not co-operate this matters. what is your opinion?

RayAnswers :

Thanks for your question and good evening.

Customer:

Hello!

RayAnswers :

You would have the right here to subpoena the records through the probate court.If the bank is not cooperating this may be your only remedy to get the court involved.You could set the matter for hearing and subpoena the custodian of the records as well as the records themselves with a subpoena duces tecum.

RayAnswers :

Hi here's the form you would use.

Customer:

Thank you so much and I'll get back to you soon.

RayAnswers :

You could motion the court here for a hearing on this issue and take testimony about the records.The witness would bring the records and you could then introduce a copy into the court record.

RayAnswers :

I am sorry I gave you a criminal one here is the civil one.

Customer:

I forgot to ask you that bank in in out of state.

RayAnswers :

You would have to contact the bank and get a name and location for the custodian of the records and then have subpoena served.You may have to use an out of state process server.

RayAnswers :

You can involve the judge in the proceeding seeking a hearing and making record of the fiancial records.Certainly you may use hte court to identify what has transpired with these accounts.

RayAnswers :

Since the bank isn't cooperating you would have to try and subpoena the records to court.

RayAnswers :

More self help to walk you through the process.

Customer:

Yes, I will do that.

RayAnswers :

I wish you good luck here.I appreciate the chance to help you tonight.

RayAnswers :



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RayAnswers :

Have a good evening.

Customer:

My pleasure!

RayAnswers :

It is much appreciated.

Ray and 3 other Legal Specialists are ready to help you