If I live far away (2,000 miles) from two people (an executor and the estate lawyer) I want to sue and their court has no appear by phone option, must I travel to their court for various hearings? Or can I hire a lawyer way over there to represent me? Would doing so hurt my case? Should I go ahead and travel and add travel expenses to the amount I'm suing for? Which method is generally recommended?
They are in the south, Arkansas, so I fear the "good ole boy" syndrome will hurt my case even though I used to live there. In other words, the people I would sue have the advantage of being local and I'm not.
Family Law Attorney
I do not have sufficient information to provide a specific answer to your question. Allow me to make some assumptions based upon the information you have provided and I may be able to provide an acceptable answer for you. First, the court that you sue in must have both subject matter and personal jurisdiction over the parties and cause of action. Since you mention suing an executor and estate attorney, I am assuming that you are dissatisfied with the way a probate is proceeding. That issue is probably properly handled in the probate court in the county where the decedent formerly resided. It also might be properly handled in a different civil court in the same county. You should confer with an attorney in that county. You can find one by using this same site but need to list Arkansas as the state. A local probate attorney in that county will be familiar with the judges and procedures there, thus eliminating most of the home court advantage. A local attorney will also know about alternative ways to potentially resolve your disagreements without requiring your appearance there. There may be a way to file in a federal court there or here but it is unlikely in a probate proceeding. Use this site and ask an Arkansas attorney. Good luck.
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