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If the complainant in a contested will does nothing in 23 months, What are the options of the executor?

Milwaukee, WI |

The attorney for the complainant defied 2 court orders to answer interrogatories.

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Attorney answers 3

Posted

A number of legal theories could be asserted by making motions that will be heard by the court - several are equitable including failure to prosecute, but may be under other terms such as laches, etc.; unknown what the court will do as depoends on all facts and circumstances. Defiance of discovery orders may be another ground to ask for dismissal and preclusion. a local attorney might be able to predict how a specific judge might rule in advance for weighing wheter best to bring motions now or wait longer so the case becomes really old and the eventual request for dismissal more likely to proceed. In Wisconsin, each judge has statistics on the length of probate cases, and there needs to be extensions granted, and that should have a contest process as well. Seek an attorney's advice, whom has knowledge about the local court, to determoine how best to proceed. Maybe not pushing now is better, or maybe the facts including 23 months and defiance of past court orders is enough to push now.

Posted

You appear to have a complicated situation and you have not included enough information to give you much guidance. If you do not have an attorney, then you really should have. If you DO have an attorney, then you should rely on the advice of your attorney to determine how best to proceed.

James Frederick

***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!

Posted

It sounds like you are already represented by a lawyer. Consult with that lawyer first. It sounds like your lawyer may want to move the court to dismiss the complainant's claim for failure to prosecute and/or as a sanction for failing to follow the court's orders. Consult with your lawyer. Good luck.

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