Documentation Requirements for a Hearing

  • Double Check when the law firm are filing to the Probate Examiner
  • Filing for a compromise
  • Petitioning to Establish a SNT
  • Verification or Proof / Required Citations of the 2nd Page of the Master Agreement 
  • Provisions for an order that has explicit instructions what you are requesting judges approval 
  • Double Check that the attorney appoint a G.A.L (Guardian ad litem) implies someone lack capacity. This is a warning to file in Probate.  

NOTE: G.A.L are not recognized in the Social Security System to sign a SNT. In the documents you must ask the Judge if the G.A.L can execute the SNT for the person who lacks capacity or Is a minor.  

  • Fill in Joinder Agreement and Schedule C  

Please note on a Schedule C if the person lacks capacity or is a Minor it must state “heirs at law” the person signing the documents does not have authority to name any remainder beneficiaries. (Goes to Estate, a judge decides later)  

  • Documents to be submitted to the court should be reviewed by CPT prior to filing. 

Consequences: If errors occur in documents the court will put the case at the end of the days docket.  

  • Must complete Joinder Agreement (JA), Schedule C, and all other documents before giving it to the attorney. Incomplete documents will force a continuance.  
  • Review the documents prior to Final ED Approval 
  • Director needs to Sign off on all documents (JA, Schedule C, and MC-351)  
  • Ask the attorney if you want a CPT Executive to attend a Hearing (Be Explicit - For ED, since he is visually impaired, ask if they can make accommodations to appear remotely)  
  • if applicable: If they are requiring an Executive to appear at the hearing – Please reach out the designated individual in charge of his calendar to make accommodations  

Document Type #3 DIRECT ACTION FILING PETITION IN PROBATE

Civil Court judge is pushing this to Probate court for court supervised ongoing oversight. 

THINGS TO KNOW: 

  • Typically for catastrophic cases with a lot of money. Judge’s feel uncomfortable and will proceed with this method  
  • A Pro Form 440 will need to be filed: Construct the counsel to file a separate probate action to get the trust approved 
  • Already been instructed to file in Probate so they move in this direction
  • Tell the attorney to reach out or have an Executive (JS) or JS will reach out to Kevin Urbatsch to assist with this case
  • Make sure that the Conservator is authority over Person AND Property. Transfers to a Irrevocable Trust require a Judge’s Order
  • Proof of Notice
  • Long Narrative formal Petition – KU provide for us. We can provide as an example if they have appropriate counsel.
  • Make sure to add Bond and Accounting – Make it grossly obvious that this is in the fee schedule
  • Review Payee is explicit and noted on the Petition