Legal Question in Administrative Law in New York

Formal Written Objection

After court case on 6/7/2007: To show cause on why adminstrator of estate should not be judicially settled, I received a letter from the court saying that I have to file a formal written objection by June 18th what form would I use for this? It is regarding Judicial settlement of Account of Adminstrator (re: estate of Uncle) in New York


Asked on 6/11/07, 7:56 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Formal Written Objection

There is no form to file out unless the Court has one for that purpose; either go to the Court website and see if they list such a form under the Probate Department or call a clerk in probate to find out. What they probably mean is that you have to use pleading paper [numbered 1-26 in left margin, heavy double black line down that side, you have to double space, have your name in top left corner and the caption of the case [look at the papers filed by anyone else in the matter].

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Answered on 6/11/07, 8:31 pm
Terry A. Nelson Nelson & Lawless

Re: Formal Written Objection

If you think you have a valid reason to object, because the money or powers have been improperly handled, you better get an attorney promptly to discuss the issues, and handle filing the proper objection pleadings. Feel free to contact if so.

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Answered on 6/11/07, 9:57 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Formal Written Objection

New York law applies, right? No California lawyer is going to be able to give you a completely useful and reliable answer (unless also admitted to practice in New York).

However, I would say as a very general matter, response to an order to show cause is NOT something that can be handled by filling out a form.

Usually, an order to show cause is an obvious sign that someone or something has irritated the judge, by violating a rule, missing a deadline, or mishandling something. The order to show cause is asking you to fix the problem or accept the consequences. If you are OK with the proposed consequences, i.e. judicial settlement (whatever the heck that means in New York), you probably don't need to do anything. If you want a different outcome, you'll need to present the court with a showing as to why the court should handle the matter the way you want it handled.

Obviously, you'll need a New York licensed attorney to assure yourself of a decent chance at getting any outcome other than the "judicial settlement" being imposed.

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Answered on 6/11/07, 10:02 pm


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