Attorney-at-Law

BEWARE THE FORM FILE

In Uncategorized on 12/16/2016 at 15:12

In my young day, traveling on Canadian Pacific Rail, I heard a no-doubt-apocryphal tale of a traveler who encountered a bedbug in a CP sleeper. In response to his furious letter to the high command, he received an abject apology, in the most fulsome terms. But the typist (I told you this was in my young day) left in the envelope the High Commander’s note: “Send this dope the bedbug letter.”

I bear the admonition in mind like the famous “torch in flame.” The form file is not infallible. Read the document carefully before you sign it, send it, file it, mail it or deliver it.

Today we see what happens when one doesn’t.

Jeffrey S. Monaghan is apparently deceased, and Martha J. Monaghan, co-petitioner, is asked to provide letters testamentary, letters of administration, or some kind of judicial decree appointing an executor, personal representative or fiduciary to represent the late Jeffrey’s interests.

Ch J L. Paige (“Iron Fist”) Marvel warns what will happen if Martha doesn’t do so.

“Failure to comply with this Order may result in the granting of respondent’s motion and dismissal of the instant case in part as to X [sic], Deceased, or other appropriate action by this Court.” Jeffrey S. Monaghan & Martha J. Monaghan, Docket No. 22063-15, filed 12/16/16, at p. 1.

And STJ Daniel A. (“Yuda”) Guy has another one for us. Morris Gaines and Madeline Gaines, Deceased, Docket No. 5597-16S, filed 12/16/16. And this time IRS’ counsel goes astray. “… respondent filed a document titled ‘Motion to Appoint Tax Matters Partner’. This motion is incorrectly titled and is in the nature of a motion to substitute parties and change caption.” Order, at p. 1.

While Morris and the late Madeline may have been partners in life, TEFRA has nothing to do with it.

Takeaway—There but for the grace of you-know-Whom goes any of us.

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