Ex Parte Communications with Probate Judge

[john.s]

What is the name of your state (only U.S. law)? Ohio

I have a question. My step-father, who was the executor of my mother's estate, submitted an affidavit asking the judge to close down the probate case without requiring a Fiduciary's Account, however, my step-father had failed to provide "service" to my party in regards to the affidavit submitted, and also no where in the affidavit did it state that my party was "served." I was unaware of the affidavit until after the judge had approved closing down the probate court case.

Note: The judge ordered that the estate case be closed because of no probatable assets.

My question: Are probate court cases exempt to ex parte communications? If the judge acted illegally who best should I report this to.

Since this case and the affidavit is public record and I believe when I say the case was closed in January 2013 in the Lorain County Probate Court of Ohio I am not violating any forum rules.

I tried to submit a motion to re-open the case, but the Lorain County Probate Court of Ohio, Clerk would not accept a motion from me and said the Executor, my step-father, is the only person allowed to re-open my mother's case.

Thanks.

 

[justalayman]

You are misunderstanding where ex parte contact is allowable or what it really is.


In the probate matter it was not an ex parte communication because you were not a party to the action even if you may be an heir. Unless the issue dealt with a situation where there are multiple parties involved in the specific action, there is not such thing as an ex parte communication.


Now if you had filed some action and there was a hearing without you involved properly, that would be an ex parte communication.


What would be the purpose of re-opening the process?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio

I have a question. My step-father, who was the executor of my mother's estate, submitted an affidavit asking the judge to close down the probate case without requiring a Fiduciary's Account, however, my step-father had failed to provide "service" to my party in regards to the affidavit submitted, and also no where in the affidavit did it state that my party was "served." I was unaware of the affidavit until after the judge had approved closing down the probate court case.

Note: The judge ordered that the estate case be closed because of no probatable assets.

My question: Are probate court cases exempt to ex parte communications? If the judge acted illegally who best should I report this to.

Since this case and the affidavit is public record and I believe when I say the case was closed in January 2013 in the Lorain County Probate Court of Ohio I am not violating any forum rules.

I tried to submit a motion to re-open the case, but the Lorain County Probate Court of Ohio, Clerk would not accept a motion from me and said the Executor, my step-father, is the only person allowed to re-open my mother's case.

Thanks.

JAL is a bit incorrect. This was not an ex parte communication. This was filed but not served. Why did you ask to reopen the case? What was your reasoning? that matters.

 

[justalayman]

JAL is a bit incorrect. This was not an ex parte communication. This was filed but not served. Why did you ask to reopen the case? What was your reasoning? that matters.

I didn't say it was an ex parte communication. It wasn't. I tried to explain that for their to be ex parte communications there needs to be more than one party in the legal action at hand. There was never a period where there was any sort of situation with the op.

Now it sounds like the rep may have acted improperly but not enough here to be definitive but depending on why the op wants to reopen the case, it may be of no consequence.

 

[john.s]

The reason the probate case was opened was because I discovered a disclaimer with my forged signature. My forged disclaimer was sent to an IRA company for which I was a named beneficiary. My disclaimer was rejected because it was sent in too late (after the 9-month requirement). My step-father, surviving spouse, notified me in Feb. 2012 of my inherited IRA and soon after I discovered my forged disclaimer while speaking with the IRA company. The disclaimer was submitted around March 2009 about 3-years prior to me having knowledge of said IRA.

After discovering the forged disclaimer I retained an attorney and attempted to appoint myself as an Executor in May 2012 because a Will was never shared with me nor knowledge of. My mother had died in 2007. The goal of opening a probate case was to gain access to the Estate records, especially a copy of the IRA documents with my forged signature. However, my step-father produced the Will and appointed himself instead. My step-father stonewalled the request for a discovery meeting, however, he did submit some information, but no accounting or inventory. My step-father submitted an affidavit asking the judge to close the probate court case without producing a Fiduciary Account, the judge approved the request and ordered the case closed.

I am a little suspicious of my attorney, I am wondering if he threw me under the buss or was threatened.

Also, it is suspected that my step-father may have forged his and my mother's trust. My step-father was accused of fraud in the 1990's, according to the complaint he was accused of forwarding a color copy of a check to a client and made an excuse as to why he did so. Plus, I believe my step-father was disconnecting our water meter in the 1970's thru 1990's to reduce the charges.

 

[justalayman]

An account with a beneficiary are assets that pass outside of probate. If you think somebody forged your name on some document then call the police.

 

[Ohiogal]

I didn't say it was an ex parte communication. It wasn't. I tried to explain that for their to be ex parte communications there needs to be more than one party in the legal action at hand. There was never a period where there was any sort of situation with the op.

Now it sounds like the rep may have acted improperly but not enough here to be definitive but depending on why the op wants to reopen the case, it may be of no consequence.

The probate court requires ALL POTENTIAL HEIRS to be served everything. In Ohio. That is the issue. I apologize for being incomplete with my answer. Been one of those days.

 

[john.s]

An account with a beneficiary are assets that pass outside of probate. If you think somebody forged your name on some document then call the police.

I filed a report at 3 police stations. Each one looked into it, since no money was exchanged they couldn't link the forged disclaimer to my step-father. I was able to obtain a copy of my disclaimer, but am told only a subpoena or a request from the executor can get any attached documents. My disclaimer was attached to my sister's disclaimer and my step-fathers accounts application with his name and address on it.