can you petition the court without a lawyer when it comes to matters of a will?

A person filing a complaint without an attorney may be able to get assistance from the court. A plaintiff in that situation should find out if the relevant court has a court facilitator or an online self-help website for litigants without attorneys. A judge, however, cannot assist parties, and no court employee can give legal advice.

Full Answer

How to petition the court without an attorney?

Nov 30, 2019 · The initial document a person must file to begin a legal case is called a complaint or petition. In many states, it is possible for a lay person to fill out the court form herself without hiring an attorney. This is easiest in states that offer assistance and instructions for individuals filing on their own.

Can a plaintiff get legal advice without an attorney?

May 05, 2019 · When Not to Go to Tax Court. You can be fined for filing a petition to tax court without legal grounds. This is not normally something to worry about, however. There is always legitimate reason for disagreeing with an audit report. Only by filing a petition that is clearly frivolous or done for the sole purpose of delay do you risk a fine.

Do I need an attorney to file a legal case?

Aug 20, 2012 · You should speak to a number of attorneys and see if there isn't one that you can afford. You would be much better served with an attorney than without. Between the rules of evidence, local rules, case law, statutory law, and just plain knowing whom you are talking to it is nearly always a mistake for a non-attorney to bring an action...

What is it called when you file a case without an attorney?

Jan 07, 2020 · Decide what court you need to use. For most cases, you'll likely use the county court in the county where you live. These are usually courts of "general jurisdiction," which means they can hear cases about nearly any legal dispute. If the respondent lives far away, you may have to file your petition in a court closer to them.

1 attorney answer

I do not think legal aid will help but it is always worth a try, I may be wrong. You should speak to a number of attorneys and see if there isn't one that you can afford. You would be much better served with an attorney than without.

James Ronald Tucker Jr

I do not think legal aid will help but it is always worth a try, I may be wrong. You should speak to a number of attorneys and see if there isn't one that you can afford. You would be much better served with an attorney than without.

What is a petitioner?

Through a petition, you ask a state court to make a decision for you regarding a legal dispute you have. You then become the "petitioner," while the other side is referred to as the "respondent.". The respondent could be another person, several people, or a business. In your petition, you explain your dispute to the judge ...

How long does it take to respond to a petition?

The deadline varies among courts but is typically less than 30 days. If the respondent fails to respond, you may be able to ask the court for a default judgment.

What to do if you can't come to an agreement?

You just have to make a good-faith effort. If you can't come to an agreement, the mediator will write a letter for you to file with the court. If you are able to settle your differences through mediation, the mediator will draw up an agreement for each of you to sign.

How many copies of a court order do you need?

Make photocopies of your signed forms. Most courts require you to bring at least 2 photocopies of every form you file with the court. One copy is for you and the other copy is for the respondent. If you've named more than one respondent, you'll need a copy for each of them.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

What is the authority of courts of appeals to issue extraordinary writs?

The authority of courts of appeals to issue extraordinary writs is derived from 28 U.S.C. §1651. Subdivisions (a) and (b) regulate in detail the procedure surrounding the writs most commonly sought—mandamus or prohibition directed to a judge or judges. Those subdivisions are based upon Supreme Court Rule 31, with certain changes which reflect the uniform practice among the circuits (Seventh Circuit Rule 19 is a typical circuit rule). Subdivision (c) sets out a very general procedure to be followed in applications for the variety of other writs which may be issued under the authority of 28 U.S.C. §1651.

What is Rule 21?

Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs. (a) Mandamus or Prohibition to a Court: Petition, Filing, Service, and Docketing. (1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk and serve it on all parties to the proceeding in the trial court.

Why are the language and organization of the rules amended?

The language and organization of the rule are amended to make the rule more easily understood. In addition to changes made to improve the understanding, the Advisory Committee has changed language to make style and terminology consistent throughout the appellate rules. These changes are intended to be stylistic only.

What is page limit?

Page limits are retained for papers prepared without the aid of a computer (i.e., handwritten or typewritten papers). For both the word limit and the page limit, the calculation excludes the accompanying documents required by Rule 21 (a) (2) (C) and any items listed in Rule 32 (f).

What is subdivision C?

Subdivision (c) governs all other extraordinary writs, including a writ of mandamus or prohibition directed to an administrative agency rather than to a court and a writ of habeas corpus. The amendments require the petitioner to provide a copy of the petition to the trial court judge.

Is a writ of mandamus directed to a judge?

In most instances, a writ of mandamus or prohibition is not actually directed to a judge in any more personal way than is an order reversing a court's judgment. Most often a petition for a writ of mandamus seeks review of the intrinsic merits of a judge's action and is in reality an adversary proceeding between the parties. See, e.g., Walker v. Columbia Broadcasting System, Inc ., 443 F.2d 33 (7th Cir. 1971). In order to change the tone of the rule and of mandamus proceedings generally, the rule is amended so that the judge is not treated as a respondent. The caption and subdivision (a) are amended by deleting the reference to the writs as being “directed to a judge or judges.”

Why do you need to remove a trustee?

There are various reasons to petition to remove a trustee, including mismanagement of trust assets, self-dealing, mental incapacity, inability to cooperate with other trustees and beneficiaries, violating requirements, and more. A petition of removal of a trustee can be filed by either a beneficiary or a co-trustee.

Is embezzlement a crime?

If there were embezzlement, it would be a crime. The above reasons are just some common reasons for petitioning the removal of the Trustee. If you find yourself in need of an experienced trust litigation attorney, its essential to have shown “reasonable” expectations from the Trustee.