Potomac, MD asked in Appeals / Appellate Law, Estate Planning and Probate for Maryland

Q: need to write a brief to keep my house I am daughter of father am in his will - what authorities ? I am appealing errors

erroneously lawyer who is wrong and wants our money has rep -this I against fathers will I am appealing what authorities citations do I use in my appeal breif?

2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: This isn’t even close to the information a lawyer needs to appeal a case. If you are lucky, this is a de novo appeal from a district court decision. Regardless, there is no way around it: you need to pay for legal services, and you might want to start with a consult to determine whether you’ll be throwing good money after bad. But, if it is something like a foreclosure or a district court judgment, there may be time to recover this from a forfeiture. See a competent lawyer immediately.

Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Estate Planning Lawyer
  • Crownsville, MD
  • Licensed in Maryland

A: Even trial lawyers who want to appeal often hire appellate lawyers to write necessary briefs.

Pro se litigants who wish to do legal research themselves will likely face a very steep learning curve and lots of highly technical rules but anyone can research relevant law - you could go to the law library and use Westlaw, Lexis or some similar case service to find reported opinions that may bear on relevant topics and look up the rules of procedure to discover the timeframes and technical requirements. I agree with the prior attorney who recommended that you promptly talk with a lawyer.

However, I wonder if you truly desire to appeal a court decision because you mention filing "against father's will." If you mean that you wish to challenge a Will, this is done usually not by appeal but by filing a caveat. If you wish to challenge a distribution out of an estate that is typically done within the estate itself. Either way, there are strict time deadlines it would be wise to seek competent legal representation, even if only to understand your options.

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