MY DAY IN COURT...
I went to probate court yesterday as planned, and although the outcome was good,I am not impressed with the judicial system anymore than I was before this experience.
Apparently probate court is either focused on A: details and verbage of documents or B: emotional impact in the event of a lack of details and verbage (paperwork generated by the lawyers involved or the lack of a will).
I was witness to both extremes involving other parties as well as my own case...and I must say-I was not impressed.
My sister and I were asked the same questions four times in different contexts by my lawyer and the ad litum lawyer based on the fact that there were two wills.While I appreciate the attention to detail in regards to protecting the estate,keep in mind that the estate involves a run down house, from some unknown person suddenly making a claim to it...it was really kind of silly.
My sister and I were quizzed about declarations made by my parents of children they had without our knowledge, or persons unknown claiming to be children of my parents they had neglected to recognize,or I guess mention to us in passing..."oh,by the way...we had a baby in england that we forgot about and left at the airport and after 40 years in the Heathrow airport's lost and found, might want some payback".
These possible events were characterized as occurring at holidays, birthdays and other special events.(People really do watch too much television...specifically USA network, the WE,Oxygen and Court TV)
While it's funny now,when we were there in real time it was a stress exercise...There was the lawyers/judge conferences in the hall we were excluded from, my poor sister looking back at me when she couldn't remember details of our parents passing...come on!: were talking about almost 6 and 12 years since they passed and life goes on,but the reality here is your parents are gone,it doesn't matter when they died , they did,and that hole will stay with you forever regardless of your ability to recall the exact date your heart was broken.
The existance of the original will's that brought the procedings to a temporary grinding halt...we were litigating with copies,when I told the judge I had the originals at my house he demanded that I produce them but allowed the case to go forward pending reciept of the originals.I had almost screwed the pooch by telling the truth and shame on my lawyer for not knowing the originals vs. copies could be an issue.
The probate court clerks for being so anal retentive that when they fart,only dogs hear it...pretending they know more about the law than the lawyers (maybe they do) but,unable to work as a team (egos) the communication skills of the court are confused by this and while, obstensibly, these qualities should enhance the "smooth operation of the docket" they end up creating a situation I will refer to as "The docket is a clusterfuck,deal with it because we can't". This, they can enhance, and they do, in a manner that enhances violence in less controlled people and maybe crackheads.
But,in the end I got what I set out for...title to our home.
I believe it hinged on my "disinterested witnesses" responses of "yes" , "no" and "that's correct".:)
A bonus: the ad litum attorney only charged me 400.00 , leaving me with some cash that Ann and I spent on dinner and drinks at Maudie's and a 12 pack at the house where we listened to loud music,taking turns inflicting our favorite CD's on each other...
It was the most fun I've had in a long time...today seemed easier too, lighter...like a load has been lifted...(and,to quote the Band Cracker, the light at the end of the tunnel wasn't a train...ok....a paraphrase really - but you get the point).