My 2 siblings and I were nominated as equal Personal Representatives in our mother's will. My sister and I are asking that my brother be removed for cause, and the lawyer who wrote my mother's will is representing him against us. We have been advised to file a motion to have the attorney removed for conflict of interest, but in the Motion instructions it says to include a "proposed order" and I am not sure what that is.
First, a will contest can be very complicated. I strongly recommend you speak with an attorney to help you through the process. Often times overlooking mere procedural aspects can lose the case for you, regardless how good of a case you have.
A proposed order is a document that states how you would like the judge to rule. It would be the decree the judge signs that orders how the parties are to act. In your case, it would order that your brother not be executor. Again, another reason to consult an attorney to properly draft these motions and orders for you.
You really should seek legal counsel, but a proposed order is one that you are filing with your motion to the court and asking it to be signed by the judge.
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I agree with my colleagues - get an attorney for this. But the proposed order is the order you wish the judge to make.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
It can be complicated,you should seek a lawyer. The Court wants you to provide an Order that the Judge can sign off on should you win. AS you can imagine the Judge will want certain things IN the order and NOT want other things in the order s/he will sign off on. Its a delicate balance where experience is key
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