In Uncategorized on 10/13/2021 at 16:31

Alice L. McGahuey, Deceased, Docket No. 13278-19, filed 10/13/21*, may have gone to her eternal reward, and her “only ascertainable heir at law,” son Bill, may have said OK when IRS moved to toss the late Alice’s petition for want of prosecution, but that doesn’t stop the late Alice’s trusty attorney, whom I’ll call Danny H, from putting his oar in.

IRS moved to toss, representing that son Bill hadn’t any objection. But Danny H did.

So Ex-Ch J L Paige (“Iron Fist”) Marvel “… directed petitioner’s counsel to file a response to respondent’s motion to dismiss, and… counsel for petitioner did so. In the response, petitioner’s counsel states, among other things, that he had no prior knowledge of [Bill]’s position with respect to the motion to dismiss, and suggests that [Bill] may take steps to secure a representative for petitioner’s estate before the trial date.” Order, at p. 1.

Now ex-Ch J Iron Fist, doubtless noting that it took three (count ’em, three) continuances (that’s adjournments, for us State courtiers) to get IRS to move to toss, tells Danny H and Bill to throw the football or eat the football.

So Danny H (and Bill) “… on or before November 5, 2021… must file a report stating (1) the names, mailing addresses, and telephone numbers of petitioner’s heirs at law, (2) whether administration of an estate has been opened for petitioner, (3) whether any person has been appointed as the executor, personal representative, or fiduciary for such estate, and (4) whether one or more of the heirs at law intend to continue this litigation on behalf of petitioner’s estate. If the report is not filed by the deadline, the Court will grant respondent’s motion to dismiss and dismiss this case.” Order, at p. 2 (Emphasis by the court).

Ex-Ch J Iron Fist is a stickler for correct phraseology: an estate is administered, whether by ex’r or adm’r or persrep; only a will is probated. And dilatory tactics get short shrift.

Of course, even in non-pandemic times, I doubt if anyone gets even preliminary or limited letters in three weeks’ time from a standing start out of any probate court. But the Fighting Lawyer can at least rev up the engine, if he can’t put the pedal to the metal.

*Alice McGahuey 13278-19 10 13 21



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