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Is it best to show up in person for a petition to probate hearing if you are the one slated to be appointed as Executor?

San Jose, CA |

If I have legal representation, and the petition to probate has a court hearing date assigned, and I believe my siblings may contest me being appointed as Executor is it best to be at the hearing in person as well or not go and wait to see what the outcome of the court hearing is. I've been told if I go to the hearing I won't be able to say or do anything anyway. What do you advise your clients in a similiar situation to do?

Attorney Answers 4

Posted

I feel the answer is "yes." Speak with your probate attorney.

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3 comments

Asker

Posted

Can u help me understand why you would advise your client "yes"? Thanks.

Shawn Michael Haggerty

Shawn Michael Haggerty

Posted

I find that it helps clientst understand the process a little more. Client support.

James P. Frederick

James P. Frederick

Posted

It is also helpful if the judge has questions or seeks to determine whether or not any objections might be valid. I always ask my clients to be there for these hearings, even though they seldom need to speak much.

Posted

This is a question you should ask your attorney. Then, follow that advice.

Most probate hearings are perfunctory. If the notes are cleared and no objections have been filed the matter will either be approved or continued if an objection is made at the hearing.

In 99.9% of the cases your appearance will not make any difference to the outcome. IMO, whether you attend is simply a matter of your personal preference. Good luck.

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Posted

Most likely-any petition to object to your appointment would be filed and your attorney would be aware of the situation. You should discuss with your attorney and take his/her advice.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

If you believe it will be contested, I would advise my client to attend

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