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Petition Caveat Hearing Missed

Douglasville, GA |

My sister lodged a caveat against me with her lawyer because she did not want me to be the administrator of the estate. I showed up for the hearing, she did not. The judge called her lawyer 10 minutes after the hearing was scheduled to begin. We waited 45 minutes after the hearing for them, they never showed. The caveat was dismissed I was granted letters. She is now upset and has filed a petition because she 'didn't know' she was supposed to be there. What are the of the Judge overturning his decision, based on the fact she and her lawyer didn't know of the hearing in legal terms.

they filed caveat against me, the judge scheduled a hearing and mailed out notices to us each.

Attorney Answers 3


  1. you really need to ask your lawyer. it depends on the reason they didn't know of the hearing. unless they have a substantial reason they didn't show their burden to show you should not be appointed will be greater because they did not show. without knowing the reason for not showing its not possible to give you even a guess as to what the judge will do.

    without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice


  2. You need to ask your lawyer (if you don't have one, get one yesterday!) The issue may be whether you gave proper notice of the hearing to her and her lawyer.

    ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  3. If they did not get notice as required the judges order should be set aside and they will be able get a new hearing. I had one like this where the court claimed they mailed notices but only two out of six parties got notice.

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