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Ask Barrister Your Own Question
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37054
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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During a status hearing estate, Can the judge make

Customer Question

During a status hearing for an estate, Can the judge make decisions like firing estate attorney and adminstrator if proof is shown? Or would this be rescheduled for another day?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
The judge wouldn't have any authority to "fire" the attorney for the estate as the judge didn't hire them, presumably the executor/Administrator did.
But as for removing the Administrator, someone would have to file a motion to do so, typically a beneficiary, and then provide proof that the Admin was violating their fiduciary or legal duty to the estate or the beneficiaries by their actions.
These types of motions to remove an Admin/executor are held as separate hearings on the judge's motion hour.
So to answer your question directly, yes, any motion to remove an Admin/executor would have to be heard in a separate proceeding.
Customer: replied 1 year ago.
Can the judge make a decision concerning an heir during a status hearing? and if a motion is shown to the judge can a judgement be made immediately?
Expert:  Barrister replied 1 year ago.
I don't have enough information to give an opinion either way... Is the person claiming to be an heir and shows up with a birth certificate from the deceased listing them as their father? If so, then yes, a judge could then issue an order formally noting that person as an heir. But if the person wanted to challenge an accounting and just brought it up at that hearing, then no, it isn't likely that the judge would make a decision that day..So as you can see, it all depends on what decision the judge is being asked to make and whether they have enough information to make it...But in my experience, judges don't like to be rushed and rarely make snap decisions and want to give both sides an opportunity to present their sides formally to the judge so that he has all the facts in front of him before making a decision...thanksBarrister