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