My husband died and a probate judge ruled that I had to split our stamp collection with my husband's children from his first marriage . It is valuable but more sentimental to me . Can I appeal through a lawyer ? Does my appeal have to be filed within a certain time frame ? Please help .
You can appeal, but yes, you need a lawyer, and yes, the appeals period can be VERY limited. You want to meet with a probate lawyer RIGHT AWAY to determine what would be involved, and whether it makes sense to pursue this. There may be other ways of dealing with this, as well. If the collection has been appraised and the children are willing to accept cash instead of stamps, then you may be able to retain the collection in its entirety. If you can work something like that out, it would likely be preferable to further court proceedings. The chances of overturning the judge's decision on appeal are uncertain, at best.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
5 lawyers agree
Discuss this with local counsel immediately. Time is of the essence to file an appeal.
NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
4 lawyers agree
Family Law Attorney
Time is of the essence when it comes to Missouri appeals -- and probate cases are not different. You need a lawyer in order to properly appeal the probate court's rulings -- although you are allowed to represent yourself. The right to appeal any probate Judgment is purely statutory -- which means that Missouri legislators have to specifically give you the right to appeal the action you are challenging.
Missouri probate law mandates that you file an appeal within 10 days of the date the judgment is final. Most probate orders are "interlocutory" -- which means that the order isn't final. If the order isn't final AND it is a type of order allowed to be appealed -- you have to file your Notice of Appeal within 10 days of the entry.
If you are out of time, you might be able to file a request to file your appeal out of time -- but you really need an experienced Missouri appellate attorney to represent you on this effort.
Licensed in Missouri
The Family Law Group, LLC
I am a licensed attorney practicing in the St. Louis/ St. Charles, Missouri areas. Our firm's answers to questions posted on this site are for general informational purposes. There is NO attorney client relationship between the person posting the questions and our law firm - The Family Law Group, LLC. Required disclaimer: The choice of a lawyer is an important decision and should not be based solely on advertisements. This website, or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Please contact a Missouri Attorney for a consultation on your particular divorce matter. Our answers are not intended to solicit clients for matters outside of the state of Missouri, unless litigation is occuring in Missouri.
3 lawyers agree
Estate Planning Attorney
This is a matter that should be discussed with a LAWYER IMMEDIATELY. The
time allowed for appeal is SHORT. I do not know what kind of judgment
there is entered in this. If it is a written order, take it to an
Lawrence J. Robertson, Esq.
Lawrence J. Robertson
Lawrence J. Robertson, P.C.
13321 North Outer Forty Road #300
Chesterfield, MO 63017
By the way..I'm never too busy for referrals. Most of the people you know or care about would probably benefit from an estate planning consultation. You would be doing a good thing for your clients and friends. AND the first meeting is FREE.
This e-mail message is for the sole use of the intended recipient(s) and may contain confidential or legally privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender at 636-532-9933 immediately or return it by e-mail immediately and destroy all copies of the original e-mail.
The Missouri Bar Disciplinary Counsel requires all Missouri lawyers to notify all recipients of e-mail that (1) e-mail communications is not a secure method of communication, (2) any e-mail that is sent to you or by you may be copied and held by various computers as it is sent from sender to recipient, (3) persons not participating in our communication may intercept our communications by improperly accessing your or my computer or some computer unconnected to either of us which the e-mail passes through. I am communicating to you via e-mail because you have consented to receive communications via this medium. If you do not want communication by e-mail, please advise me.
IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by Lawrence J. Robertson, P.C. to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.
Commercial Real Estate Attorney
Assuming this is in the St. Louis area, it can be treated as any court judgment. It is final 30 days after entered and then you have 10 days to file an appeal. That appeal goes to the Missouri Court of Appeals, Eastern District. it is extremely technical and you are guaranteed to have the appeal dismissed if you do not have an attorney. Unless half the stamp collection is worth at least $15,000, an appeal is not economically feasible since the costs of the appeal will easily exceed $7,000.00.
On a side note, the law also provides that on request of the opposing party, the Order will not be final until the final Order closing the estate. That might be a year or longer from now. The good news is that there is plenty of time to appeal. The bad news is that you can do nothing to prevent splitting of the stamp collection in the meantime.
This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.