Jackals

JACKALS EXIST IN PROBATE

Jackal is a person or process that uses deceit and trickery to take from you.  They are opportunists.

FIRST, there are a lot of good, honest people that work in Probate.  There are even good, honest people in your family.

JUST KNOW that probate is a different kind of court.

Typically people equate Courts to deciding who’s right and who’s wrong; who’s guilty and not guilty; who should prevail and who should not.

Probate Court has the power to NOT do that.  I.E., probate court can declare a third party, who is not in any way involved or asked to be involved in the case, to be the winner.  That’s Right, the two parties that go to the probate court, and asked the probate judge to decide which one of them is right; well the probate judge has within its power to say neither of you is right, AND the probate judge can declare that a STRANGER should be in essence the winner.

So, make sure you have your document to avoid probate.

Probate is a legal binding court process

When you are new to probate, you approach it like you would any other court process.  You gather your evidence; give your evidence to your attorney; prepare for court with your attorney; and you stand ready to present your side of the facts to the judge in the probate court.

When you are new to probate, your figure that, yes, we are family, but the other side is wrong, and you intend to show that during your probate hearing.  You prepare to be the winner.

BUT WHAT YOU DO NOT COMPREHEND is that both you and the other person (your opposition) can end up losers.

How is it possible that both sides can lose?  In the case of guardianship and conservatorship, the probate judge can order a third party (stranger to you and your family) to be the guardian and conservator.  Which means that neither you or your opposition gets to be the guardian or conservator.

Now, in all fairness, your attorney tells you that this could happen.  But, really; who believes it.  You are new to the process; and cannot fathom that an outsider will be selected over a family member. IT HAPPENS more than you know.

BE AWARE THAT
You have people who work in the probate system; lawyers, judges, clerks, professional guardians, professional conservators, etc.; know that you likely don’t know how probate works.  They quietly drool at the thought of families fighting, because that means more money for them.  Plus, you have those with their own inner network, designed to take as much money from you as possible; by referring business to others in their network.

Jackals in Probating a Will

Don’t let someone bully you from getting what is rightfully due to you.  You have a right to ask for a copy of the Will.  You have a right to attend the probate proceedings.  You have a right to retain your own attorney to represent your interest.  Heck, you can also go to the court house and get a copy of the documents.  A number of states now put the documents on line.

If you suspect family, friends, relatives or anyone else doing devious things, to take what is rightfully your, you should step up and exert your rights.

Jackals in Incapacitated Person (Guardians and Conservators)

Remember the probate court judge can appoint a stranger, instead of you, to be guardian and/or conservator.  These appointed strangers are known as “Professional Guardians” and/or “Professional Conservators”.

Stranger Appointed
Yes, there are individuals and companies who make their money by serving as guardians and conservators.  This in itself is not a problem.  The problem come when there is a family member; ready and capable of serving, but the probate court judge selects the stranger (professional guardian or conservator).

The appointed stranger runs a business, and as such is looking to make money, including making a profit.  Therefore, they can and do bill for everything; including things that you would normally do for free for your incapacitated family member.  The stranger bills for mailing a letter, reading an email; making a phone call; checking your bank balance; etc.  And, their fees can be over a hundred dollars per hours.  Yes, over a hundred dollars an hour to read an email.

Additionally, the stranger does not have to have any special license, certification or education.

Family Member Appointed
Unfortunately, family members can be just as bad as having a stranger.  You can have family members who drain the incapacitated person’s bank accounts; sell the house; take their vehicle; as well as family members who do very little, if anything, to properly care for the incapacitated person.

Jackals in Lawyers

If you suspect that your lawyer is not adequately representing your interest, then get yourself a new lawyer.  Don’t wait until the process is over.  At any time you can hire a new lawyer.

Also, be involved; that means read and understand the documents before you go to court.  Ask your lawyer for a copy of the documents being filed by our opposition.  Understand what allegation and claims your opposition is making.  Ask your lawyer how he/she intend to defend you against the allegations; as well as what’s their strategy for winning; what are your chances of winning; and what other information or documents can help your chances.

Ask your lawyer for copies of all filings, then READ & UNDERSTAND THEM enough to where you know if things are working out.  Most courts are online; documents are e-filed; so your lawyers can email you copies of all filings, when they are file.  Some lawyers send you copies of documents before they are filed, in case you want to change something.

Jackals in Court

Lawyers, who have been in the probate practice for a while, have long term relationships with people that work in the court system.  I.E., Lawyers who have been practicing for a while, know the judges, court clerks, administrative staff, as well as other lawyers.  Some of these people socialize, hang out together, attend events together, and are good friends.

In itself that is not a problem; after all you know other people in your profession, and you likely socialize with them outside of the office.

The problem arises when the rulings seem unjustly in favor of the lawyer, who is friends with the judge. And, when court clerks doing favors for lawyers, that result in you being put in an unfair and unfavorable situation.

Jackals in Families

You have to honestly assess the members of your family to determine who you want to assist you should you become incapacitated; or who would be the right and best person to handle things for you, including distributing your things after you die.

Take meaningful time to weed out the family member you know would do a lousy job; versus the family member you hope would do the right thing; along with the family members who have the know-how, attitude and determination to do what you want.

 Why Jackals?

To remind you that these people exist and that stuff happens; which is again another reason to have your documents in place to avoid probate.

Lawyers | Assets