Legal Question in Wills and Trusts in Wisconsin

Can an interested party in a probate case question the attorney of the executor in court?


Asked on 3/26/13, 9:38 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

No, attorneys are not witnesses and cannot be questioned in court by anyone other than the judge. However, the rules of civil procedure do allow a party to most lawsuits to obtain relevant information which might effect its outcome from any other party to the suit. This is done via many different statutory formal discovery procedures. The attorney's client (presumably the executor?) would normally be required to respond to properly presented requests. However, this process should be completed well in advance of any dispositive court dates. As with most other preliminary matters, the court would usually set up deadlines for discovery which expire some months in advance of any trial. You are therefore unlikely to accomplish any of this unless you are represented by an experienced probate attorney.Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com. View over fifteen years of my past answers at http://www.lawguru.com/answers/search/attorney/jknixon. Answers may contain attorney advertising materials.

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Answered on 4/04/13, 6:59 am


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