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-Thank You for taking the time to hear my cry. This hearing…

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-Thank You for taking the...
-Thank You for taking the time to hear my cry. This hearing is scheduled for Tuesday of next week. My husband died 4 months ago as I was recovering from surgery. I haven't done anything legally regarding his estate. Is there anything I can do, say file something on Monday regarding the distribution of his estate (debt), that can help me regarding this foreclosure hearing on Monday? There was two major errors in the certified mail I received regarding it just two weeks ago. Time and location. Could that give me any leverage? I'm so ignorant of these things. I will hire an attorney but will need a few days to put together the type of retainer I'm sure this will require. Is there anything I can do to give this most troubling situation a few more days to prepare for? I don't mind showing up for the hearing if you feel it will help to tell the clerk personally I'm getting his estate affairs in order. My husband unfortunately didn't have a will. His death was sudden. Thanks~
Submitted: 6 years ago.Category: Estate Law
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Answered in 19 minutes by:
2/18/2012
Estate Lawyer: Law Educator, Esq., Attorney replied 6 years ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 126,685
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
You would need to get to an attorney on Monday, since you will not be able to get anything together to file this fast on your own I am afraid. The attorney will file to open probate and include the house in the probate and then he would file a motion to continue the foreclosure based on the probate. If you explain to the attorney it is an emergency, they will generally help first and work out the retainer and fees later.

However, here is a sample Motion for Continuance for NC courts and you can print it out and file it Monday for the foreclosure case and explain you need time for an attorney and also that the house is part of a probate estate as grounds for your continuance.


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Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 126,685
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
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Customer reply replied 6 years ago

Thank You So Much. I hope your evening is relaxing! You've at least gotten me out of the 'brights' on the headlights, ha!

Estate Lawyer: Law Educator, Esq., Attorney replied 6 years ago
Thank you.
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