Legal Question in Appeals and Writs in California

Probate Decision

If the first party in a probate case asked for an evidentual hearing, wich was mistakenly taken off calendar. The next court date was to reschedule it, but the judge said at that time that he was going to decided it and that there would be no evidentual hearing. The decion was appealed and brcause the first will wasn't ever entered into evidence, and the Judge decided the case without an evidentual hearing it couldn't be used in the appeal and the decision was given to the first party, How is this fair? The fist will in this case is a big factor, because the second will (which is holographic) is clear but did not cover all the testors assets. The second party was never given the opertunity to submitt the first will into evidence. Is ther a way for the second party to get the first will to be considered in the written resonse to the appeals court decision?


Asked on 10/23/04, 2:54 am

1 Answer from Attorneys
Joel Selik www.SelikLaw.com

Re: Probate Decision

You would have to appeal the failure to admit evidence.

JOEL SELIK

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Answered on 10/23/04, 9:52 am


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