Lawyer

Jerun Kaipat, General Delivery, Saipan, MP 96950 Telephone No.: 670.989.9747

CNMI COURT #18.0462

MOTION TO COMPEL DISCOVERY

I Ask the court transfer to this case18-0462-cv ALL papers filed by me in case 18-0071-cv and note my continued objections to any lawyer for administrator.

I hereby move for an order compelling ANTONIO KAIPAT to produce certain documents

I incorporate by reference herein the relevant facts as set forth in case18-0071-cv In support of this Motion, I say:

I will set forth claims of Breach of Trust (Count I) Breach of Duty (Count II); Breach of Contract (Count III); Conversion (Count IV); Fraud and Deceit (Count V); and Unjust Enrichment (Count VI). These claims relate principally to unauthorized payments.

B. The Categories of Documents that Need to be Produced

Accordingly, the following categories of documents for the time period 2007-2020 need to be produced so that Undersigned can further support his claims and/or rebut defenses or assertions:

1. Documents which reflect Antonio Kaipat’s role, responsibilities, duties, ownership interest and/or profit participation in any entity.

2. Documents which reflect consulting agreements between Antonio Kaipat and any entity.

3. Documents which reflect any by Antonio Kaipat for any entity.

4. Documents which reflect any payments to or from Antonio Kaipat by any entity.

5. Antonio Kaipat’s bank records, tax returns, financial statements and books of account.

Antonio Kaipat’s counsel has not adequately explained why Antonio Kaipat has kept money that was supposed to go to Jerun Kaipat and Eric Kaipat since 2007

WHEREFORE, undersigneds respectfully requests that the Court order ANTONIO KAIPAT to produce forthwith the documents specified herein and award JERUN KAIPAT all costs and attorney’s fees incurred in connection with this Motion. A proposed order is attached.

Respectfully submitted,

Jerun Kaipat

CNMI COURT Case. 18-0071-cv

ORDER TO SHOW CAUSE

Upon the affidavit of Plaintiff in the above matter, and upon the exhibits annexed thereto,

LET Antonio Kaipat show cause before this Court on, 2019 at 9:30, why an order should not be granted against him pending determination, and for such other and further relief as this Court may deem just and appropriate. It is ORDERED that all requested documents be provided pending determination of the motion brought on by this order to show cause, and it is further ORDERED that personal service of a copy of this order to show cause is deemed sufficient service thereof, and it is further ORDERED that the motion brought on by this order to show cause shall not be orally argued unless notified to the contrary by the Clerk of the Court.

DATED:

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GEORGIA PROBATE LAW GROUP BLOG
What if the wrong person is trying to become administrator of the estate?
April 26, 2019
By Erik J. Broel

Tags administrator, estate, estate dispute

Who becomes the administrator?
It happens all too often. A family member passes away and after the funeral, thoughts turn to probate and settling the estate. Someone takes charge and decides that they are the right person to be the administrator of the estate. What if you don’t agree? What if you think they’re the absolute wrong person to handle the estate? What can you do?

The good news is you do have options. What your options are depend on whether your loved one left a will or not. In this article, we’re going to focus on estates where no will was left. These are called intestate estates.

To start, let’s look at the general process of getting someone appointed in an intestate estate. First, a petition must be filed with the appropriate probate court. The petitioner (the person asking to become the administrator) may get signed acknowledgements from the other heirs supporting the petition. If all heirs sign, then the appointment process is much easier and will go through the court unopposed. If, on the other hand, all heirs do not consent to the petition then the case gets a lot more complicated.

Once the probate court receives the petition to open the estate, the court must send official notice to any heirs who did not consent to the petition. Note: there are some petitions that are sneakier, and do not require the probate court to notify anyone. This article does not address those petitions.

When the notice is sent by the probate court, the clock starts ticking. If an heir does not file a formal objection (usually called a caveat) by the deadline, then the estate will proceed forward and the petitioner may be appointed as administrator.

Related Topic: What to do when some heirs not included in probate?
So, how do you stop this?

First, if you truly disagree with a certain person being appointed as administrator, then do not sign a consent saying you agree. You are not required to sign the consent, so don’t be pressured into doing so. At some point, the petitioner will decide to file his or her petition without obtaining your signature. You may not know when the petitioner files, so pay attention to your mail and look for a letter from the Probate Court. If you live in Georgia, the Court may send a sheriff to deliver the notice personally.

Second, after you receive the notice you will have 10 to 13 days to file a response. Check the Court’s letter for the exact deadline. You must file a formal objection in the Probate Court before the deadline expires. If you do not, then the Court may grant the petition and appoint the administrator.

Your objection must have a legal basis. An objection like this is a complicated undertaking, and we strongly recommend you have a Georgia probate attorney help you with it. After the objection is filed, there will be a period of discovery where each party gathers evidence to support their position. There may be one or more motions filed, depending on the situation, and those motions may have hearings in probate court. Finally, after discovery has concluded, there will be a final hearing on the petition or objection where each side will present their case to the judge.

There you have it. As you can imagine, there is a lot of thought, analysis, and work that goes into each stage of the process to be successful. If you are not sure what to do next, we recommend you get professional help. If you would like our office to help you, please schedule a consultation.

Related Topic: What happens if you attempt to transfer assets without an executor?
Disclaimer: The information above is provided for general information only and should not be considered legal advice. Legal advice is specifically tailored to your particular situation. Please contact our office to receive specific information advice about your situation.

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From the Blog
December 12, 2019
What is a Probate Estate?
What is a probate estate? Does every person who passes away have an estate, or do only those people who have a lot of property have an estate? We’ll cover these questions and more in today’s article. My name is…

READ MORE
December 5, 2019
It’s been years and the executor has not opened the estate. What can I do?
What happens when an executor does not probate a will for several years, won’t allow family members to see the will, or tell anyone about the value of the estate? Under Georgia law, any person in possession of an original…

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Requesting a free report or viewing the information available on this website does not create an attorney-client relationship with Georgia Probate Law Group by Broel Law, LLC or any of its attorneys. To obtain legal advice about your probate matter, please engage the services of this law firm or another attorney of your choice. To discuss engaging our firm to help you with your probate matter, please contact the firm by phone or by submitting an email request through this website.

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A blended family is one where a spouse (or both) have at least one child from a previous marriage or relationship. This dynamic has become commonplace. In fact, one in six children nationwide live in a household with a step-parent, step-sibling, or half-sibling. And about 65 percent of remarriages create a blended family.

The most-famous blended family is a television one—the Brady Bunch. When Mike and Carol Brady married, each brought three children into the marriage. Mike had three boys and Carol three girls.

Fortunately, Mike and Carol managed to raise the kids as one big, happy family. But let’s fast-forward a few decades: What would have happened if Mike died before Carol?

If Mike died intestate (meaning that he died without a will), then his property would go to Carol consistent with their locale’s intestacy laws. In other words, Carol would get most, if not all, of Mike’s stuff.

Now let’s say that Carol dies a few years later without creating a will or getting married again. All of her stuff goes to her daughters. Mike’s sons, on the other hand, get nothing.

And if Carol married, and then died intestate, the result would be even worse. Carol’s new husband would get the lion’s share of Mike’s property. And, again, Mike’s sons would get nothing.

Now let’s play the scenario out again, assuming that Mike, Carol, and the kids were not one, big happy family. When Mike dies, Carol can stop Mike’s sons from visiting the family home. She can block them from receiving any sentimental mementos. And, of course, she can funnel all of Mike’s wealth away from his biological sons and to her daughters, even though Mike was not their biological father.

As we can see, blended families pose troubling issues, whether or not the blended family likes each other. Fortunately, by being proactive, these troubles can be banished before storm clouds have a chance to gather.

Step one: Act now. Don’t wait until you get sick or hurt. Make a plan years before you think you will need it.

Step two: Tell your family the plan, preferably in person and again in writing. Disclosure early can cure many ills later.

Step three: Regularly update your plan to keep up with current events. For example, if one of your kids takes care of you while others don’t, you may want that kid to receive more since they did more.

Step four: Notify your family about the updates, preferably in person and again in writing.

Now that we’ve covered the steps we should take, let’s circle back to the planning stage with four tips to protect both your assets and your family.

First, a simple will is normally too simple to address the complexities of a blended family. Don’t create a will that simply says your assets will pass to your spouse—unless you want your spouse to have the power to cut off your biological kids after you are gone.

Second, think hard about creating a trust rather than a will. The advantage here is that a trust is a vastly more flexible tool than a will for passing your wealth. For example, unlike a will, a properly drafted trust can protect your kids’ access to your assets if your spouse gets remarried. Similarly, unlike a will, a trust can be written to leave assets for your spouse during their lifetime and then, after they pass, transferring what is left over to your kids.

Third, if you create a trust, pick a trustworthy and sophisticated trustee. This person’s job will include investing the trust’s assets and then distributing them to the trust’s beneficiaries. These roles, in turn, create a natural conflict between your spouse and kids. That’s because your spouse benefits from the trustee distributing money during the spouse’s lifetime while the kids benefit from the trust growing rather than spending the trust assets. As a result, the trustee needs to know not only how to manage the trust funds, they also need to understand how to swim through potentially tense family drama.

Fourth, consider putting some of your assets into accounts that will automatically transfer to your kids when you die, so that they are taken care of regardless of what your spouse does. For instance, you can go to your bank, fill out a form designating your beneficiary and, voila, the designated beneficiary will receive that account when you pass. These accounts (which are known as pay-on-death accounts, informal trusts, or Totten trusts) have several advantages: They’re free, easy to create, and simple to use for your designated beneficiary.

But if you set up one of these accounts, remember to regularly review it. It would be a bummer if you originally selected one of your kids, had a falling out with them, but accidentally left them as the designated beneficiary. In that case, it doesn’t matter that you did not want them to receive anything. They would still get the account because you didn’t update the beneficiary.

In sum, while blended families have become common, they are by no means easy. Indeed, they provide fertile ground for family drama. But with some thoughtful planning, this rich soil need not blossom into conflict. To avoid your death becoming the spark that sets your family ablaze, speak with an experienced estate-planning

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JEFFER MANGELS BUTLER & MITCHELL LLP
KENNETH A. EHRLICH (Bar No. 150570)
KEhrlich
ELIZABETH A~ CULLEY (Bar No. 258250)
ECulley
1900 Avenue of the Stars, Seventh Floor
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Attorneys for Plaintiff CALMAT CO. dba VULCAN
MATERIALS COMPANY, WESTERN DNISION
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
CALMAT CO. dba VULCAN MATERIALS
COMPANY, WESTERN DNISION, a
Delaware Corporation,
Plaintiff,
v.
SAN GABRIEL VALLEY GUN CLUB, a non-
profit California Corporation; and DOES 1-
1000, inclusive,
Defendants.
CASE NO. KC062582J
PLAINTIFF’S REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF PLAINTIFF’S
OPPOSITION TO DEFENDANT’S
DEMURRER AND MOTION TO STRIKE
[Concurrently filed with Plaintiffs Memorandum 

See

CNMI Court Case 18.0462

BY: Jerun Kaipat & Eric Kaipat, General Delivery, Saipan, MP 96950 Phone 670.7899394

PETITION FOR PROBATE

Petitioners seek probate in common form. They are the sole heirs.

The Decedent, Juan flores Kaipat, died on 29July2007.

The Decedent left no will and was survived by 2 sole heirs: Jerun Kaipat & Eric Kaipat

The Witnesses have signed an affidavit so that their testimony will not be required for probate.

INVENTORY AND ACCOUNTINGS

Realty: exhibit1

Monetary: exhibit2

Miscellaneous: exhibit3

Values of the estate for probate purposes is $

REQUEST FOR RELIEF

All assets and money be released to 2 sole heirs: Jerun Kaipat & Eric Kaipat

The Petitioners be granted such additional relief as the Court may deem proper.

SIGNATURES: Jerun Kaipat Eric Kaipat

Sworn to and subscribed before me this ____ day of ____________________, 20___.

CNMI Court Case Number

BY: Jerun Kaipat & Eric Kaipat, General Delivery, Saipan, MP 96950 Phone 670.7899394

PETITION FOR PROBATE

Petitioners seek probate in common form. They are the sole heirs.

The Decedent, Juan flores Kaipat, died on 29July2007.

The Decedent left no will and was survived by 2 sole heirs: Jerun Kaipat & Eric Kaipat

The Witnesses have signed an affidavit so that their testimony will not be required for probate.

INVENTORY AND ACCOUNTINGS

Realty: exhibit1

Monetary: exhibit2

Miscellaneous: exhibit3

Values of the estate for probate purposes is $

REQUEST FOR RELIEF

All assets and money be released to 2 sole heirs: Jerun Kaipat & Eric Kaipat

The Petitioners be granted such additional relief as the Court may deem proper.

SIGNATURES: Jerun Kaipat Eric Kaipat

Sworn to and subscribed before me this ____ day of ____________________, 20___.