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Probate/Child Support

Columbus, OH |
Filed under: Intestacy and probate

I have a bizzare case. I was in the middle of a child support case Pro Se about to expose the father 4 hideing 1.4 million dollars unreported buisness income. In the process of receiving all bank account info, through subpoenas, the father had passed away 2 days b4 trial. It has been continued because i fought to present all evidence recovered to prove fraudulent income to cover all expenseses etc. and false reports to CSEA. Now this has turned into a probate case and I can Not proceed Pro Se with no experience in Probate. I only have Paralegal experience. My question is how do I finish this case when final trial is January 25th and seek Probate attorney at the same time. Can the Probate attorney help resolve both issues? P.S. It is a Intestate issue also.
Signed ...very confused

Attorney Answers 2

Posted

Get a Probate Attorney now!!

It is likely the Support Case can be transfered or merged into the Probate Case so you child can claim against his statutory share of the deceased's estate (provided the child was not named in the will)

Did the executor contact you? When did the deceased pass away? Have you filed a claim against the estate?

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8 comments

Asker

Posted

It is a Colorado intestate case. No one has filed yet last I checked. It has been a wk since his passing and after my research it states 120 hrs b4 anyone can file. His brothers that worked the family buisness contacted me. Claiming evreything has been seized. Colorado law states if Decendant is not married, the children are appointed first if there is no will. Which would apply to my situation. No one has contacted me yet but it is a fairly new situation. I just had concern the family may try to exclude my son since the assest were hidden to begin with.

Asker

Posted

Thank you to both Todd and Ryan 4 the advice. Try n to grieve and enjoy the Holidays. But unfortunately we have to protect what rightfully belongs to our son. Now a simple question. How do u post a picture here and can either of u come and work on my case? LOL

Elizabeth Smith Schmitz

Elizabeth Smith Schmitz

Posted

You should contact a Colorado probate attorney as soon as possible to protect your child's rights as an heir. You may want to have someone you trust open the adminstration of the estate.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

We Laywers can post our pictures as part of our profiles, Regretably I don't practice in Colorado. My understanding is that paternity has been established, though.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

Wait, another thought. What state is the support matter pending in? You may need to file a motion for a stay due to these extrodinary circumstances

Asker

Posted

Support is hear In Ohio. Paternity yes, my son is 8. Paternity test in 2004. So i am looking 4 someone in Ohio. And I am Paralegal school 4 those interested. :) Should graduate by summer.

Todd Bruce Kotler

Todd Bruce Kotler

Posted

Is CSEA counsel involved in this matter? You should call them at onece if you have not already done so. File for a continuance in the Support Case, today!

Asker

Posted

Thank u Elizabeth. I actually have filed a petion to get the case started while seeking a Colorado attorney.

Posted

Why not hire two attorneys, each specialized in their field? If an attorney charges an hourly rate, paying a probate attorney to do both will take the probate attorney, for example, 30 hours to work both cases. If you have the probate attorney do the probate portion, he will take 6 hours, and your litigation attorney can handle the other part of the matter in less time than a probate attorney could have.

I would definitely speak with a probate attorney and there is a chance he has experience in civil litigation. But find someone you trust, because most attorneys will say that they can do it.

I hope this helps answer your question.

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2 comments

Asker

Posted

Thanks Ryan ...my other delemma is Finances to pay anyone reasoning behind being a Pro Se litigant 4 the past year. I was hoping to get a Probate attorney to recocer some costs 4 himself and also a civil ligation attorney to do the same. Is that possible also? I am a full time student/mother rigfht now so it is hard especially after this incident.:(

Ryan Anton Jacobsen

Ryan Anton Jacobsen

Posted

There may be some attorneys out there that are willing to work with payment plans and other creative payment methods (offer to paralegal for them on some cases, etc.). The last thing you want to do is nothing, so make some phone calls, do some leg work, and see what can be done.

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