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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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Another question I wanted to ask of my brother. In your

This answer was rated:

Another question I wanted to ask of my brother.

In your defense as to why it was so important for you to ask mother for a 20,000.00 dollar loan you stated that your mother deeply loved you and would have wanted you to have the money as you were out of work and or made little money.

THEN TWO YEARS LATER, you state that you worked in construction for 40.00.00 dollars per hour and as such you were entitled to mom's estate to work for her.

Explain how both of these statements can be true?



I would like to know how this question sounds and how I should think when asking my brother questions that prove how wrong of a person he is.

RayAnswers :

Thanks for your question and good evening.

RayAnswers :

Certainly you have a right to question here about this situation and his motives in these matters/

RayAnswers :

You are making some good points here about his inconsistency of his statements in this situation.

RayAnswers :

Forcing him to respond to these inconsistent statements is a good starting point to try and show his real motives.And this overall may be real important at a hearing and part of your examination of him.This is certainly a fair question and you may have more follow up depending on his responses.You may follow up with so you are stating here that your first statement was false--or your second statement was incorrect based on what he answers to your question.

RayAnswers :

You may want to write out additional alternate questions this avoids problems with you mind going blank or getting flustered.Making some notes ahead of time here as more follow up is a good idea as part of your preparation for hearing.It doesn't mean you ask every question only that you have them in case they are needed and decide at hearing which ones are proper based on his response to the one you have here.

RayAnswers :

It appears you have a good grasp of the facts and his prior inconsistent statements.This is good because it may show he has bad motives and is a liar.

RayAnswers :

Anytime you can show inconsistencies here it helps your case because it shows that he has not been consistent and may be changing his story at different times and places.

RayAnswers :

I appreciate the chance to assist you tonight.Please let me know if you have more follow up.Thanks again.

Customer:

Thanks, XXXXX XXXXX used chat before.

RayAnswers :

No problem.It sounds like you have a good start to a line of questioning about his motives and inconsistencies if not out and out lies.It certainly shows his lack of credibility.

RayAnswers :

There is never a problem with making a question list knowing that depending on responses you may need to delete some or add to them, etc.

RayAnswers :

Attacking credibility and his prior inconsistent statements overall is a great idea here to show the court his true colors.

RayAnswers :

I appreciate the chance to chat with you tonight.

Customer:

I was wondering how to handle when my brother refuses to answer my questions? He lies so very horridly until he wins them over against me and I have never been caught in a lie because I know the importance of not lying. He originally said that I was out to take over mom's estate and to steal from my mother. It is so absurd because I have NEVER ever in my life stolen from anyone. They (the court) was swallowing all he was saying against me and just ruled out my testimony that my brother was greedy and immoral. It was a nightmare.

Customer:

So now my problem is that he will not answer my questions only lie against me. For example he stated that "Sandra Black and her children are known to be thieves." I do have one child who has resulted to stealing after we were all thrown into the streets by my brother.

RayAnswers :

If you ask the question and he does not answer you would object to the judge that he is being non responsive to the question.Ask the judge to instruct the witness to answer.

RayAnswers :

And hopefully the judge does that.

RayAnswers :

Thats how you resolve the situation of him not answering.

Customer:

But if he's writing in the answer, how will I object?

RayAnswers :

If this was a written question you would again raise it with the court and state that the answer is non responsive to the question asked.

RayAnswers :

And ask for an instruction that he comply and provide an answer that is responsive here.

RayAnswers :

The key is to not argue with a party or witness but to ask the court to instruct the witness here.

RayAnswers :

The judge is the third party that is supposed to resolve these trial issues.

Customer:

So will the judge write the order for him to comply or do I write it and send it in to the judge?

RayAnswers :

You would raise it with the court --you can write the court seeking to compel him to respond to the question arguing the prior answer was not responsive but rather argumentative.

RayAnswers :

The court will rule here and issue orders hopefully compelling him to respond.

RayAnswers :

Again you want to raise it with the judge and have judge address it.

RayAnswers :

I know that this can be frustrating.

RayAnswers :

The key is to be persistent but polite to the judge hoping he agrees with you on this matter.

RayAnswers :

Thanks again.

Customer:

So if he does absolutely nothing I give several days and then request the court to compel him to answer

Customer:

OR motion the court

RayAnswers :

Yes you would.A motion to compel here would be the best way to present it.Ask for a hearing on your motion so that the judge can resolve it.

RayAnswers :

In your motion you state what the question was, the response and then your argument that he has not in good faith responded and you are asking the court to compel him to do so.Once ordered if he fails then you are able to file a motion for contempt ..

RayAnswers :

This is the natural progression to seek to try and force a response here.

RayAnswers :

And you still have right later on in any hearings on the merit to question him in detail about his answers and inconsistencies.

RayAnswers :

Thanks for the follow up.

Customer:

So my hearing for guardianship is set for one hour on October 11th. I should present my questions to the court as a motion for discovery in the form of a written deposition. When my brother refuses to answer the questions. I then motion the court to compel him to do so. If he still doesn't I request a hearing to resolve the motion.

Customer:

Or ask he be held in contempt

RayAnswers :

Yes you would.You want to at least try and finish up discovery prior to hearing here.

RayAnswers :

If the other side will not cooperate and answer here a motion to compel would follow.

RayAnswers :

It shows that you have sought the information in good faith and not gotten it and then seek to compel an answer.

RayAnswers :

Good luck I know this has been frustrating for you.

Customer:

Thanks. you have been quite helpful. My brother will come up with something that I can never imagine as I am not working with anything that really happens to us.

RayAnswers :

You are welcome.Thanks for letting me help you.Have a great weekend.

RayAnswers :

Take care.If you can leave a positive rating it is much appreciated.

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