Probate procedural questions

[glassgirl01]

Jurisdiction

South Dakota

I am engaged in a formal probate case. I believe I am fighting fory father's wishes. I have read the state statutes for civil procedure and will & probate, but still have a few questions.

What does "dually requested," mean in reference to asking for a jury trial?

Can I motion or petition to adjoin parties (whom my father specified items be given to)? They are his step children.

What is the best way to address the court when the Judge doesn't let me finish a sentence?

Should multiple motions be addressed in one order?

Thank you

 

[army judge]

You need a lawyer.
You have no clue how to try a probate case.
You can't learn civil trial procedure, probate law, etc... Sufficient enough to try a case using the Internet.

 

[glassgirl01]

I can't justify a lawyer...not for a few thousand dollars of stuff. I promised my dad I will fight, so I will do the best I can. I have already been in a hearing against an attorney on this & have prevailed in one of my primary objectives already.

I was just asking for some clarification....

 

[adjusterjack]

Maybe if you explained what you are "fighting" for?

 

[glassgirl01]

My father gave instructions for his cremation and disposal of certain property. Most of the property is supposed to be sold, and he asked me to take care of that. His wishes for cremation and his ashes have been followed. All was being handled out of court.

Seven months after he passed, after the property had been in my care the whole time, another heir suddenly decided they didn't want to acknowledge his wishes & filed a formal case and asked to be appointed PR and placed a restraining order against me to prevent my carrying out the instructions.

I have petioned to adjudicate a document he signed as his will per SDCL, while the other party is saying he died intestate.

I feel a jury trail is the best to address the document/will & have already made an informal request. Statute says jury trial has to be dually requested.

I have nothing to gain by fighting, just doing what I promised.

 

[army judge]

Please accept my condolences upon your loss.
If there was no document considered to be a will, there's nothing you or a court can do to create one.
Unless the other party agrees with your assessment, what you're trying to achieve won't happen.
Is there anyway you and the other party can settle this without going to court?
It seems court is a waste of time and resources.
The estate was small, and the items seem to have been distributed.
Grief can make us do strange things.
Whatever you decide, I pray the best outcome for everyone.

 

[adjusterjack]

a document he signed as his will

Interesting choice of words. Most people would have written "will."

Is it a "will" or isn't it a "will"?

another heir ...is saying he died intestate.

Would that other heir happen to be your sibling? If not, then who?

I feel a jury trail is the best to address the document/will

That seems irrational to me. A probate judge ought to know whether a document is a will or not a will. What's your real purpose of requesting a jury trial? Perhaps to drive up the cost of the litigation in order to discourage the other heir? Something else?

Statute says jury trial has to be dually requested.

Does it actually say "dually" or does it say "duly"? Provide the statute number.

My guess is that you'll have to make a written motion for a jury trial regardless of the lexicography.

 

[glassgirl01]

I am not trying to drive up cost. It would be much easier and cheaper for me to just throw in the towel, since I live so far away and have nothing to gain financially if I somehow prevail.

I didn't call it a "will," because it isn't a formal will. His wishes were written down & he signed it. There is an SDCL that covers this.

I have several reasons I would prefer to have it heard by a jury.

 

[glassgirl01]

There is an SDCL that covers documents intended as wills. I have filed a motion using this statute.

The property has not been distributed. I waited, hoping to give family time to heal before dealing with the material side of things. Perhaps I wouldn't be in this boat if I would have acted sooner.

I reached out to the other party prior to the first hearing and they are not willing to budge.

My only other option is to give up, but then my father's wishes, which everyone was previously ok with, will not be honored.

I do thank you...your response is sincere and honest.