“Probate attorney” is the title given to lawyers employed by the Los Angeles Probate Court to assist the Court during the course of a California probate. When a hearing is about to be held by the Court, probate notes written by a probate attorney are often posted on the web in order to help clarify matters either before or at the hearing. (I am a probate attorney but not the type described in this posting.)
Sometimes contacting the probate attorney about those notes is necessary. There are e-mail parameters for responding to probate notes. While clearing of notes is usually done by supplement or other pleadings, the e-mail response allows the party to bring matters to the attention of the probate attorney, for clarification of probate notes or to ask procedural questions.
At the end of each probate note is the e-mail address for the probate attorney who prepared the notes.
There are several purposes for emailing the probate attorney:
1. To request a continuance;
2. To alert the Probate Attorney, who prepared the notes, that a document or documents were filed to clear the notes for matters in Dept 5 and Dept 11;
3. Request authority to file “clearing document” with the Attorney Order. Filing of such documents will be allowed in the discretion of the Probate Attorney. Examples include, but are not limited to: Waiver of Notice/Special Notice; FTB Income Tax Certificate; Waiver of account; Withdrawal of Request for Special Notice; Consents; and
4. To ask a question as to specific defects or issues.
E-Mail message shall conform to the following:
1. No attachments;
2. E-Mail message not to exceed 2 pages;
3. Five lines as to each defect or issue;
4. Limited to one E-Mail message per calendar matter per hearing date
Here’s what an E-Mail Message looks like:
FROM: Mitchell A. Port
SUBJECT: Hearing Date 4/26/12
MESSAGE: DATE: April 23, 2012
TELEPHONE #: (310) 559-5259 HEARING DATE: April 26, 2012
CASE NAME: Estate of
Defect A: Notice of Hearing was filed 3/29/12
Defect B: Can I file the FTB Income Tax Cert with A/0?
Defect C: Supp has been filed on 3/29/12 setting forth correct statutory fee calculation