Order to show cause in action to compel an account, removal of executor, and appointment of New Administrator as administrator of the estate
Attorney for Plaintiff New Administrator |
|
IN THE MATTER OF THE ESTATE OF d1,
NEW ADMINISTRATOR, Plaintiff, vs.
d2, Defendant | SUPERIOR COURT OF __ CHANCERY DIVISION: c1 COUNTY
DOCKET NO.
Civil Action |
THIS MATTER having been opened before the Court by attorneys for plaintiff by way of the filing of a Verified Complaint, and the Court having reviewed the Verified Complaint and all supporting papers, and good cause having been shown;
IT IS ORDERED on this _____ day of ________, 20__, as follows:
1. That on the _____ day of ________, 20__, at ______ AM/PM, or as soon thereafter as counsel may be heard, defendants shall appear before the Honorable _________________, JSC, Courtroom_____ at the ___ County Court House, _____, and there and then defendants shall show cause why an Order should not be entered:
1) why d2 should not be compelled to file an accounting within 45 days,
2) why d2 should not be removed and barred from serving as executor,
3) why d2 and should not be required to refund to the estate all monies received
4) why NEW ADMINISTRATOR should not be appointed administrator of the estate
5) why d2 should not make discovery as to the condition of the estate of d1, deceased, before and after the date of death
6)That the named executor, d2, be ordered to provide an accounting of the estate to plaintiff.
7) for Payment of plaintiff's attorney's fees and costs of suit for the within action.
8)To declare a constructive trust of the assets of the decedent for the benefit of the plaintiff and the estate.
9) Why d2 should be barred from spending an estate funds, be barred from paying any bills, be barred from taking a commission, be barred from writing checks, be barred from acting on behalf of the estate, except as specifically authorized by Superior Court Order or written consent by the plaintiff.
and it is Further ORDERED
2. Pending the aforementioned return date or until further Order of the Court, whichever comes first, defendants are hereby immediately restrained as follows: (insert summary of relief sought) (ONLY IF SEEKING TEMPORARY RESTRAINTS)
3. Defendants may move to dissolve or modify the restraints set forth above upon two days notice.
4. That copies of this Order to Show Cause (which serves in lieu of a summons pursuant to R.4:52-1(b) and the Verified complaint and any other accompanying papers shall be served upon the defendants in the manner prescribed by R.4:4-3 and R.4:4-4 within _____ days hereof, said service to be effected by plaintiff's counsel or their designee or any other manner permitted by Court Rule.
5. That defendants shall file with the Clerk of the Court and serve upon plaintiff's attorney an Answer or other pleading responsive to the Verified Complaint provided in the __ Court Rules within thirty- five (35) days of the date of service, excluding the date of service.
6. If any defendant fails to file and serve an Answer or other pleading responsive to the Verified Complaint within the time specified above, the Court may enter judgment by default against said defendant for the relief demanded by plaintiff in the Verified Complaint.
7. If any defendant cannot afford an attorney, said defendant may call the Legal Services of the Office in the County of their residence. If they are not eligible for free legal assistance and they do not have an attorney, they may obtain a referral to an attorney by calling the Lawyer Referral Services. The telephone numbers for the County Legal Services and Lawyer Referral services are ___ and ___ respectively.
8. All Affidavits and other papers submitted by the defendants in opposition to this Order to Show Cause shall be filed and served so as to be received by the Court and plaintiff's counsel no later that the ____ day of ________ ,20__, or the Court may deem the application unopposed. A copy of the defendant's opposition is to be forwarded directly to Chambers ____ at the ___ County Court House, ____________________.
9. That any reply submission on behalf of plaintiffs shall be filed and served so as to be received by the Court and defense counsel no later that the ____ day of _________ ,20__, with a copy of the defendant's opposition forwarded directly to Chambers _____ at the ___ County Court House, ________________.
10. That if the moving party has not already done so, a proposed form of Order, along with a return envelope (with sufficient postage to cover the cost of returning a copy of the Order,) concerning the relief sought on the return date of the application must be submitted forthwith. There are no exceptions to this requirement. The failure to submit such an order no later than three days before the return date may result in an automatic adjournment of the Order to Show Cause or the imposition of sanctions, or both. If adjourned, the application will not be re-listed until such an Order is presented.
11. That the Court will not hear testimony on the return date unless the parties are advised to the contrary no later than _______ days prior to the return date. Any party who believes that testimony of limited duration may be appropriate or helpful in expediting the action should so advise the Court in writing of that party's reason for so believing no later than _______ days before the return date.
12. The appearance of all counsel or pro se parties is required unless you are otherwise advised in advance of the return date. If no written opposition is filed pursuant to the provisions set forth above, the moving party need not appear and the matter will be resolved on the papers unless the parties are otherwise advised in advance of the return date.
Dated: ________________ __________________
, JCh.
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