If you received copies of the papers relating to the probate from the Personal Representative or his/her attorney, you will probably be allowed to file the objection. 2. WHEN AN OBJECTION MUST BE FILED:File the Objection immediately after you get the document or notice that you are objecting to.
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Jul 15, 2019 · The opposing party has now filed a motion for attorney fees. Your initial reaction is to oppose the motion by arguing that the amount of time spent by the opposing party’s attorneys was excessive and their hourly rates are unreasonable. Before pulling the trigger, however, you will want to consider a potential negative ramification of taking ...
executed under the supervision of an attorney.13 Furthermore, ... Such action may include the filing of objections.20 In addition, the court may, in its ... representation of unknown distributees and where there is vigorous opposition to probate by objectants, a motion made sometime during the discovery process by proponent to
government’s attorneys had made misrepresentations to the Court in the December 13 and 17, 2002 hearings. The purpose of the sanctions award was to compensate plaintiffs, as the successful moving party, for “the reasonable expenses incurred in making the motion, including attorney’s fees. . . .” Fed. R. Civ. P. 37(a)(4)(A).
Defendants' opposition to plaintiffs' motion for attorney fees. Document Properties…. Enter the password to open this PDF file. Preparing document for printing….
The majority of courts hold that discovery of an objecting party’s attorney fees is permissible under these circumstances. As one court held, “the defendant’s fees may provide the best available comparable standard to measure the reasonableness of plaintiffs’ expenditures in litigating the issues of the case.”.
This is usually done for two reasons: (1) to try to back off the objecting party by creating the risk that its own attorney fees will be discoverable, and (2) to argue to the court that the best evidence of what is reasonable is what the objecting party paid in litigating the same legal and factual issues in the case.
Felon. The proposed executor or estate administrator cannot be a convicted felon. If the person is in fact convicted felon, a Certificate of Relief from Civil Disabilities must be obtained and filed with the New York Surrogate’s Court.
Removing a fiduciary can take years and can costs tens of thousands of dollars in legal fees. This is why it is so important to take preventive measures early on.
Not long after you sign a waiver and consent form, the administrator disappears into thin air. From there, you will have to hire your own estate lawyer to get any information. But that’s only the tip of the iceberg. There is the risk of the fiduciary absconding with your inheritance, underselling and undervaluing estate assets, ...
The Surrogate’s Court may consider other factors and circumstances not previously mentioned in determining whether someone is eligible to serve. For example, a proposed fiduciary who is unable to speak or write in the English language may be declared ineligible.
You normally must file your opposition with the court within ten business days after the other side “serves” (delivers) the motion to you. If you receive the motion in the mail, you get an additional three calendar days from the date it is mailed.
If a motion is filed against you and you do not file a written opposition with the court, the judge could grant the other side’s motion automatically. That means the other side could get whatever she is asking for in the motion. It also might mean you lose the case, depending on the motion that was filed. So be careful.
An “opposition” is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side’s request. To learn more about motions generally, click to visit Filing Motions to Resolve Your Case or Narrow Issues.
If an attorney is representing a party in the case, mail your opposition directly to the attorney’s office. If a party to the case is representing him or herself, mail your opposition directly to that party’s address.
Your job in your opposition is to defend yourself and counter the factual and legal arguments the other side is relying upon. In other words, If the other side has included important facts in the motion that you believe are not true, you can correct those facts in your opposition.
If the other side has included important facts in the motion that you believe are not true, you can correct those facts in your opposition. If the other side has failed to include facts that you believe are critical to your position, you can state those facts and paint a complete picture of what happened for the judge.
Or she might direct one of the parties to prepare the order for her signature. An “order” is the written decision or judgment that grants or denies the motion. It is signed by the judge then filed with the court.