Year's Support
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In re: Estate of Ehlers - Fifteen days of default apply to year’s support proceedings in probate court
Posted: December 17th, 2007 by Gaslowitz Frankel LLCIn re: Estate of Ehlers 1
A widow died with her petition for a year’s support from her late husband’s estate still pending. The executor of the widow’s estate, who also was the executor of the husband’s estate, filed an amendment to the year’s support petition. Upon the filing of the petition, the probate court issued a citation to the executor to show cause why the petition should not be granted. The court ordered that the executor of the estate of one of the husband’s sons was entitled to notice of the citation by mail. That executor objected to the amended petition, but the probate court dismissed the objection as untimely. The written objection was required to be filed in the probate court no later than ten days from the date the executor received service by mail. When no written objection was filed by that time, the year’s support proceeding automatically became in default. Six days later, however, the executor opened the default by the payment of costs and the filing of defenses objecting to the amendment. The Court of Appeals held that the provisions of the Civil Practice Act relating to the opening of default judgments as a matter of right within fifteen days of default apply to year’s support proceedings in probate court. Thus, the objection filed by the executor pursuant to the notice was timely, and the probate court’s dismissing it without ruling on the merits was error.
1 2007 WL 4357730 (2007)
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