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Ex-Parte Litigive Reality

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ncjourneyman

Junior Member
What is the name of your state?What is the name of your state? residence-NC/Probate-Fla
As relating to motions/petitions filed before Florida Probate:
From: Estate of [mother] To: EX PARTE Probate Documents

Basic definition: "done by one party only; as in, an ex parte communication is where one party to a dispute communicates to a judge without the other parties’ presence".
Admonisment: "A lawyer should avoid ex parte communication on the substance of a pending case with a judge before whom the case is pending".

Question: what is the intended use of ex-parte in submitting documentation
"to-Ex Parte" before Probate and how might it effect litigation, discovery, and lawful compliance/protection of rights, etc. from an out-of-state devisee? When does a Will become "public Information", i.e., to one
not listed as a devisee in that will? - thanks for your time, NCjourneyman!
 


S

seniorjudge

Guest
ncjourneyman said:
What is the name of your state?What is the name of your state? residence-NC/Probate-Fla
As relating to motions/petitions filed before Florida Probate:
From: Estate of [mother] To: EX PARTE Probate Documents

Basic definition: "done by one party only; as in, an ex parte communication is where one party to a dispute communicates to a judge without the other parties’ presence".
Admonisment: "A lawyer should avoid ex parte communication on the substance of a pending case with a judge before whom the case is pending".

Question: what is the intended use of ex-parte in submitting documentation
"to-Ex Parte" before Probate and how might it effect litigation, discovery, and lawful compliance/protection of rights, etc. from an out-of-state devisee? When does a Will become "public Information", i.e., to one
not listed as a devisee in that will? - thanks for your time, NCjourneyman!
A will becomes public info when it is filed with the probate court.

As far as your other questions, you'd have to give us facts and details.
 

ncjourneyman

Junior Member
Ex-Parte labrynth

NC-residence/Fla Probate
Thanks for the clarification of a Will becoming public information.

My 2nd response from an honorable judge seems to imply a
"cart before the horse" syndrome. I will re-state my inquiry
as:

In attempting to find specifics/details of the ex-parte filings,
I presently have none!.....General question: Does "Ex-parte"
filings before probate imit my accessibility/acquisition/knowledge of "business before this Probate Court". i.e., motions/petition filed by who knows?
in this case, even as a "devisee"?? No will filed, intestate default.
Is Ex-Parte elected by the testator or by administrator?
The only two filings submitted to Probate are listed in Probate database as:

From: To: Type:
(mother's name) EX-PARTE Probate 2pages
(mother's name) EST EX-PARTE Probate 11pages

These are on order. Still have question of why file EX-PARTE?

thanks for all information,
NCjourneyman
 
S

seniorjudge

Guest
ncjourneyman said:
NC-residence/Fla Probate
Thanks for the clarification of a Will becoming public information.

My 2nd response from an honorable judge seems to imply a
"cart before the horse" syndrome. I will re-state my inquiry
as:

In attempting to find specifics/details of the ex-parte filings,
I presently have none!.....General question: Does "Ex-parte"
filings before probate imit my accessibility/acquisition/knowledge of "business before this Probate Court". i.e., motions/petition filed by who knows?
in this case, even as a "devisee"?? No will filed, intestate default.
Is Ex-Parte elected by the testator or by administrator?
The only two filings submitted to Probate are listed in Probate database as:

From: To: Type:
(mother's name) EX-PARTE Probate 2pages
(mother's name) EST EX-PARTE Probate 11pages

These are on order. Still have question of why file EX-PARTE?

thanks for all information,
NCjourneyman

Go to the probate court, get copies of the orders and read them.
 

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