– Re: Info from Top Court Clerk/Registrar
In Reply To
In our "state" constitution it plainly states under the judiciary section "Original jurisdiction in law and equity for the administration of the estates of deceased persons and all guardianships and incompetency proceedings, including jurisdiction over the administration of trust estates.........shall be provided by law" So with that in mind, among the other presumptions glued to our behinds, are we not considered infants, incompetents, wards etc. until the estate is claimed? So if probate is equity, and I'm looking to claim my estate before lawful authority, Would I take advantage of a proceeding for restoration to capacity as against said state, for an order from the court to such effect for termination of guardianship/conservatorship? In reference to the order form it says, " The Conservatorship of ____ is hereby terminated and all of the protected persons rights...AND POWERS...are hereby restored effective immediately. The termination of the conservatorship shall not relieve the conservator of liability for previous acts or the obligation to account for funds and assets of the protected person. The conservator shall be discharged by separate order of the court upon the final account being settled and allowed." The form of the proceeding should conform to the rules of civ. procedure, which means I get 35 interrogatories for our lovely state to answer, peacefully of course. Ive had top down, bottom up questions noodling around in my head.....meaning should I go local then federal or the other way around? Still working on that one (GSA) Thoughts anyone?