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Wills, Trusts & Estates The law of trusts and estates is the area of law which governs the management of personal affairs and the disposition of property in the event of a person's incapacity or death.

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Old 03-17-2008
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Default Illegally closed estate without a hearing

This is a two part question: If a judge is also an administrator of an estate “Code of Judicial Conduct states: that a judge cannot serve as an administrator”, and the judge/administrator failed to properly administer the estate. There is a lawsuit filed against the administrator/judge, individually and as administrator. After the lawsuit was filed, the administrator/judge, filed the final accounting “the law states that a fiduciary cannot file an accounting if involved in a civil action”. The probate judge is a good friend of the administrator/judge and illegally closed the estate without the notification of a hearing or a hearing to protect his friend, the administrator/judge. I want to get a new judge and conservator appointed to properly and legally administer the estate.

What course of action do I have to take against the probate judge and the administrator/judge acting under the capacity of a judge? I have a grievance filed against both judges; the Grievance Commission has not returned a reply in seven months. Can I file a lawsuit in District Court to have a new judge and conservator appointed, are they acting outside of there judicial capacity? Is this a violation of the XIV Amendment?
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