Objection - Kent County Probate Court
Автор: The Probate Pro
Загружено: 2023-03-13
Просмотров: 161
Описание:
Darren Findling of The Probate Pro discusses the Objection - Kent County Probate Court.
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This video is for educational purposes only and is not to be considered legal advice.
Please note that these communications are not a consultation with a lawyer about the possibility of forming a client lawyer relationship with respect to a matter and do not establish an attorney-client relationship. None of the information should be considered legal advice.
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I object! Hi, I'm Darren Findling of The Probate Pro and we're going to cover a particular form that the court in Kent County has created to allow it to be easier to file an objection to something that is being requested of the court. So, for example somebody has filed a petition for Guardianship and somebody wants to object rather than handwriting the objection the probate court has created this particular form in Kent County to allow you to very succinctly identify what your objection is now that doesn't mean you can't write a more extensive writing with additional papers or pages to explain or identify your specific objections but this just simply makes it easier to put forth your objection to the core now this objection form doesn't have any particular limitation it can be used anytime somebody is objecting to something that is being brought forth before the court in the form of a petition so if for example a petition for guardianship petition for probate or other documents that are being requested above to the court you can file an objection in the top left corner you'll see that it is a Kent County Probate Court specific form so we're really suggesting you don't use this in other courts because it may not be accepted for filing in the top right corner would be the case number or file number and then of course in the matter of is the estate of so for example the estate of John Doe or if somebody has died or a guardianship or conservative you've put that person's name there the number one paragraph says I'm interested in the matter of or in the matter as so you identify how you are related to the matter are you the person being sought guardianship over are you an interested person or party within the probate proceeding are you the mother of the Father the guardian the fiduciary whatever it may be you identify your relationship to the matter in paragraph one paragraph two identifies whether there are any interest in parties that are different than what was set forth in the original petition so for example if somebody's address or name or incorrect on the original petition this is the spot to correct and then section three is really the Crux of this document it allows you to identify the reasons that you are objecting to the petition now there's not a lot of space there's about an inch of space you of course can use multiple pages to help explain to the court the basis for the objection and then the paragraph four is what you're requesting so you may be objecting but the Court's also going to want to know what you're actually requesting the court to do so for example maybe it's a petition for Guardianship and you're objecting to it you would say I request that the guardianship petition be denied or I request that the guardian petition be denied and that Jane Smith be appointed as the guardian those are some examples now again the request spot is quite small there you can expound upon it if you so choose now we really urge you to work with a skilled competent probate lawyer to be able to appropriately express your objection to the court it's not intuitive or always easy to know the language lawyers of course have gone through extensive training in law school to be able to understand the court rules as well as the rules of evidence and the statutes to be able to express the objection to the court and generally speaking you have a better chance of communicating these issues to the court if you've got a lawyer to be working with in the bottom section you identify if there's an attorney involved and then the object objector or objectives in this particular case signature that's the
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