Voorhees, NJ asked in Probate for Nebraska

Q: I am a resident of Massachusetts - a Nebraska county court judge is trying to force me to appear in person during covid

i am the PR - I do not want to have to come to nebraska during covid - do I need to file for an injunction in Nebraska before filing in federal court in Massachusetts?

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2 Lawyer Answers
Anthony M. Avery
PREMIUM
Anthony M. Avery
Answered
  • Probate Lawyer
  • Knoxville, TN

A: You might move to be removed as Personal Representative. But all assets that have come into your possession would have to be transferred to the new, proposed PR. Federal Court probably has no jurisdiction in this matter, and if a Court wants a hearing, that is the Judge's discretion, not yours. If you have a bond, better talk to your surety. Apparently you are in this way over your head and need a Nebraska lawyer now.

Julie Fowler agrees with this answer

Julie Fowler
Julie Fowler
Answered
  • Omaha, NE
  • Licensed in Nebraska

A: I'm not sure in what way you believe the federal court in Massachusetts would be involved here. I'm not sure who you are trying to get an injunction against.

Some judges in Nebraska are handling a majority of their hearings via electronic means, such as Webex or Zoom. Some judges aren't handling hearings via electronic means and generally require an in person appearance. Even if the Court is generally handling their hearings in person, you may be able to file a motion to request to appear electronically. If such request is denied, you may then have to choose whether to appear in person, whether you can have an attorney appear in your place, whether a continuance should be requested, or possibly another solution. If you haven't retained counsel, now is the time to do so.

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