Posted on February 27, 2007 by Barry A. Knopf, Esq.

Anna Nicole Smith

No one should confuse the circus that is happening in Florida in the probate matter involving Anna Nicole Smith as a normal proceeding.  True the matter is being heard in a probate court.  But that virtually ends the similarity to the customary probate hearing.  The matter involves the unfortunate death of a young woman who was a celebrity who actively sought controversy during her life.  That controversy involved her marriage to a much older man  who was worth millions, a celebrated court proceeding that went all the way up to the United States Supreme Court, posing in men's magazines or just posing in general for the paparazzi, the extensive use of drugs in her family and the birth of a baby with suspected parentage.  When you add to that cocktail a judge who obviously has little or no control over his courtroom ,disaster  will happen. 

Probate proceedings are generally conducted in the privacy of a courtroom without any cameras or press present.  The proceedings are dignified and are not paraded in front of the evening news and scandal sheets.

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Posted on February 9, 2007 by Barry A. Knopf, Esq.

Accountings (as per the Rules)

Actions to settle up an estate and receive approval for the manner in which the estate has been administered and divided are accounting actions. Rule 4:87 provides the rules for such an action and will be discussed in greater detail in later comments.  Generally they are filed in the same manner as a contested action and must follow a prescribed form.  Each account shall have annexed to it a detailed listing of the financial history again in a prescribed form. (Rule 4:87 to 4:87-9)  By agreement, the parties may agree not to provide an accounting although if there is any question it is much safer to provide the information.  If commissions are sought, the applicant must provide a detailed statement of all services performed as well as a disclosure of all commissions already received.  Where attorneys fees are sought detailed applications must also be provided. (Rule 4:88-1 to 4:88-4)

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Posted on February 6, 2007 by Barry A. Knopf, Esq.

Method of Proceeding (Rules again)

Rule 4:83 provides that all action within the Probate Part of the Chancery Division shall be brought pursuant to Rule 4:67 in a summary manner by the filing of a complaint and issuance of an order to show cause.  The Surrogate may fix the return date of the order to show cause before the Chancery Judge with service of the papers being made in conformity of the rule (Rule 4:83-1)

The papers shall be titled "In the Matter of the Estate of_____, Deceased" (Rule 4:83-3) and filed in the same county where the appropriate Surrogate is located.  Furthermore, all complaints must be verified (signed under oath that the allegations are true).

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Posted on February 2, 2007 by Barry A. Knopf, Esq.

Contested Probate Matters (yet another Rule)

Unless authorized by the Superior Court, the Surrogates Court cannot act in any matter in which:

  • a caveat has been filed with the court before entry of judgment;
  • a doubt arises on the face of the will or it has been lost or destroyed;
  • a holographic will is presented for probate as defined by statute;
  • letters are sought for limited or temporary administration;
  • a dispute arises within the Surrogates Court; or
  • the Surrogate certifies the case to be of doubt or difficult.

In the above instances the matter shall proceed in the Superior Court, Chancery Division. (Rule 4:82)

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