Legal Steps For Dismissal

Summary

In Texas probate cases, if a court lacks subject matter jurisdiction, you can file a motion to dismiss. Include evidence like a forged Quitclaim deed and divorce decree to support your claim. If the property is separate from a prior marriage, clarify its character. If a summary judgment is filed without proper notice, object and emphasize jurisdiction issues. You can appeal if necessary.

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I am in Texas and my case is in Grayson County Texas. I am a Trust Beneficiary and I filed an objection to Inventory for erroneous Real Property claim that was separate not Community and Correction to inventory for valuation and a show cause hearing. The court agreed and I was to pay for a citation and I thought it would be for a show cause hearing. They let her provide a written answer without any section code to back up her claim. When I filed the objection I also filed the divorce decree judgement and the Deeds. Now the Court issued a Docket control order which is a lawsuit. I cannot afford a lawsuit and the big issue is they do not have subject matter jurisdiction. How do I withdraw and file a *.* proceeding instead

Hi ****, you can consider filing a motion to dismiss the lawsuit due to lack of subject matter jurisdiction. To proceed with a *.* proceeding instead, you might need to file a new petition under Texas Trust Code Section *.*. Consulting with a lawyer might be beneficial in this complex matter.
Is there any specific part of the process you need more information on?

How do I withdraw from the County Court of Law without jurisdiction

To withdraw from the County Court of Law without jurisdiction, you can file a motion to dismiss for lack of subject matter jurisdiction. Here's how:
- Draft a Motion to Dismiss, citing the lack of subject matter jurisdiction.
- Provide supporting documents to substantiate your claim.
- File the motion with the court and serve it to all parties involved.
Would you like more details on drafting the motion?

Yes

To draft a Motion to Dismiss for lack of subject matter jurisdiction, you can include the following elements:
- Title: "Motion to Dismiss for Lack of Subject Matter Jurisdiction"
- Introduction: State the purpose of the motion.
- Legal Basis: Cite the relevant laws and statutes.
- Facts: Outline the facts supporting your claim.
- Conclusion: Request the court to dismiss the case.
Would you like a sample template for this motion?

Yes

Sample Template for Motion to Dismiss for Lack of Subject Matter Jurisdiction

Title: Motion to Dismiss for Lack of Subject Matter Jurisdiction
Introduction:
The undersigned, [Your Name], hereby moves this Court to dismiss the above-captioned case for lack of subject matter jurisdiction.
Legal Basis:
This motion is made pursuant to [relevant Texas statute or rule], which stipulates that the court must have subject matter jurisdiction to adjudicate the matters brought before it.
Facts:
*. Provide a brief description of the case.
*. Explain why the court lacks subject matter jurisdiction, citing specific facts and evidence.
*. Mention that the issues should be addressed under Texas Trust Code Section *.*.
Conclusion:
For these reasons, the undersigned respectfully requests that this Court dismiss the case for lack of subject matter jurisdiction.
Signature:
[Your Name]
[Your Contact Information]
Would you like more information on how to file and serve this motion?

I just file it at the court house

Great job on filing the motion! Here are the next steps:
- Serve the Motion: Ensure that all parties involved receive a copy of the motion. This can be done through certified mail or a process server.
- Prepare for a Hearing: The court may schedule a hearing to consider your motion. Be prepared to present your arguments and evidence.
If you need more detailed guidance on serving the motion or preparing for the hearing, feel free to ask!

They now filed for a summary judgement it was emailed to me on Friday for a Tuesday hearing but stated you do not have to show up

****, if you received a notice for a summary judgment hearing, it's crucial to respond appropriately. Here’s what you can do:
- Review the Motion: Understand their arguments for summary judgment.
- Prepare a Response: File a written response opposing the summary judgment, explaining why there are factual disputes.
- Consider Legal Help: Consulting with an attorney can be beneficial due to the complexity and urgency.
Would you like more information on preparing your response?

They know I cannot afford an Attorney. The court cannot rule on a Summary judgement without jurisdiction it's void

****, it sounds like a complex situation. Here are the steps you can take:
- File an Objection: Draft and file an objection to the summary judgment, reiterating the lack of subject matter jurisdiction.
- Request a Hearing: Ask the court for a hearing on your motion to dismiss due to lack of jurisdiction.
Would you like more details on drafting the objection?

Yes

To draft an objection to the summary judgment, you can include the following elements:
- Title: "Objection to Summary Judgment"
- Introduction: State the purpose of your objection.
- Legal Basis: Cite the lack of subject matter jurisdiction.
- Facts: Outline the facts supporting your claim, including why the court lacks jurisdiction.
- Conclusion: Request the court to deny the summary judgment due to lack of jurisdiction.
Would you like a sample template for this objection?

Yes

Case Rating: *

Sample Template for Objection to Summary Judgment
Title: Objection to Summary Judgment
Introduction:
The undersigned, [Your Name], hereby objects to the Motion for Summary Judgment filed by [Opposing Party's Name].
Legal Basis:
This objection is made pursuant to [relevant Texas statute or rule], which stipulates that the court must have subject matter jurisdiction to rule on a summary judgment.
Facts:
*. Provide a brief description of the case.
*. Explain why the court lacks subject matter jurisdiction, citing specific facts and evidence.
*. Mention that the issues should be addressed under Texas Trust Code Section *.*.
Conclusion:
For these reasons, the undersigned respectfully requests that this Court deny the Motion for Summary Judgment due to lack of subject matter jurisdiction.
Signature:
[Your Name]
[Your Contact Information]
Would you like more information on how to file and serve this objection?

Could I also request dismissal

****, you can also request dismissal by including it in your objection to the summary judgment. Here's how:
- Add a section titled "Request for Dismissal" in your objection.
- State that due to the lack of subject matter jurisdiction, the case should be dismissed.
Would you like a detailed example of this addition?

They are doing this because they allowed so much fraud in the probate process. This is all a cover up and the County Court of Law #* in Grayson county Texas has no Jurisdiction because they do not have a Statutory Probate Court

****, you can include the following section in your objection to request dismissal for lack of subject matter jurisdiction:

~Sample Template for Objection to Summary Judgment with Request for Dismissal
Title: Objection to Summary Judgment and Request for Dismissal
Introduction:
The undersigned, [Your Name], hereby objects to the Motion for Summary Judgment filed by [Opposing Party's Name].
Legal Basis:
This objection is made pursuant to [relevant Texas statute or rule], which stipulates that the court must have subject matter jurisdiction to rule on a summary judgment.
Facts:
*. Provide a brief description of the case.
*. Explain why the court lacks subject matter jurisdiction, citing specific facts and evidence.
*. Mention that the issues should be addressed under Texas Trust Code Section *.*.
Request for Dismissal:
Due to the lack of subject matter jurisdiction, the undersigned respectfully requests that this Court dismiss the case.
Conclusion:
For these reasons, the undersigned respectfully requests that this Court deny the Motion for Summary Judgment and dismiss the case due to lack of subject matter jurisdiction.
Signature:
[Your Name]
[Your Contact Information]

Would you like more information on how to file and serve this objection with the request for dismissal?

I can email it to her Attorney and file it in person with the court

Filing and serving your objection with the request for dismissal can be done as follows:
- File in Person: Submit the document to the court clerk.
- Email to Attorney: Send a copy to the opposing party's attorney.
- Proof of Service: Include a certificate of service indicating that you have served all parties.
Would you like more details on proof of service?

What is the legal basis section code

Case Rating: *
****, the legal basis section code you can use for your Motion to Dismiss due to lack of subject matter jurisdiction and your Objection to Summary Judgment is:
- Texas Trust Code Section *.*: This outlines subject matter jurisdiction for trust proceedings.
Would you like more details on any other part of the process?

I recently found a Forged Quitclaim deed that was supposedly from my mother 45 years ago and recorded 15 years after death should I include that in my Motion

Yes, you should include the forged Quitclaim deed in your motion. Make sure to:
- Outline the discovery of the forged deed.
- Highlight the timeline of its recording, noting the date of your mother's death.
- Explain how it supports your argument regarding fraud and lack of jurisdiction.
Would you like a specific template for this inclusion?

Because that would certainly make it a District Court matter

****, including the forged Quitclaim deed will strengthen your case. Here's how to outline it:

~Inclusion of Forged Quitclaim Deed in Motion~

- Facts:
- Provide a brief description of the forged deed.
- Mention the timeline: your mother's death and when the deed was recorded.
- Explain how this supports your argument about fraud and lack of jurisdiction.
Would you like a more detailed template for this inclusion?

Yes

Inclusion of Forged Quitclaim Deed in Motion Template

Title: Objection to Summary Judgment and Request for Dismissal
Introduction:
The undersigned, [Your Name], hereby objects to the Motion for Summary Judgment filed by [Opposing Party's Name].
Legal Basis:
This objection is made pursuant to Texas Trust Code Section *.*, which stipulates that the court must have subject matter jurisdiction to rule on a summary judgment.
Facts:
*. The undersigned recently discovered a forged Quitclaim deed, purportedly from my mother, dated 45 years ago and recorded 15 years after her death.
*. My mother passed away on [Mother's Date of Death], yet the deed was recorded on [Recording Date], which raises significant concerns about its legitimacy.
*. This forged document indicates potential fraud, further supporting the lack of subject matter jurisdiction of this court and suggesting that the matter should be addressed by a District Court.
Request for Dismissal:
Due to the lack of subject matter jurisdiction and the discovery of the forged Quitclaim deed, the undersigned respectfully requests that this Court dismiss the case.
Conclusion:
For these reasons, the undersigned respectfully requeststhat this Court deny the Motion for Summary Judgment and dismiss the case due to lack of subject matter jurisdiction and the fraudulent nature of the Quitclaim deed.
Signature:
[Your Name]
[Your Contact Information]
Would you like more details on any other part of the process?

Not only is it forged, the street address is a street that runs perpendicular and the Law firm never existed in Dallas

****, it sounds like you have substantial evidence to support your case. Here’s how to include the additional details about the forged deed:

Inclusion of Forged Quitclaim Deed in Motion Template
Title: Objection to Summary Judgment and Request for Dismissal
Introduction:
The undersigned, [Your Name], hereby objects to the Motion for Summary Judgment filed by [Opposing Party's Name].
Legal Basis:
This objection is made pursuant to Texas Trust Code Section *.*, which stipulates that the court must have subject matter jurisdiction to rule on a summary judgment.
Facts:
*. The undersigned recently discovered a forged Quitclaim deed, purportedly from my mother, dated 45 years ago and recorded 15 years after her death.
*. The deed includes a fictitious street address that runs perpendicular to the actual location, and the law firm mentioned never existed in Dallas.
*. My mother passed away on [Mother's Date of Death], yet the deed was recorded on [Recording Date], which raises significant concerns about its legitimacy.
*. This forged document indicates potential fraud, further supporting the lack of subject matter jurisdiction of this court and suggesting that the matter should be addressed by aDistrict Court.
Request for Dismissal:
Due to the lack of subject matter jurisdiction and the discovery of the forged Quitclaim deed, the undersigned respectfully requests that this Court dismiss the case.
Conclusion:
For these reasons, the undersigned respectfully requests that this Court deny the Motion for Summary Judgment and dismiss the case due to lack of subject matter jurisdiction and the fraudulent nature of the Quitclaim deed.
Signature:
[Your Name]
[Your Contact Information]
Would you like more details on any other part of the process?

Should I submit my mother's death certificate and signatures on other documents

Yes, you should submit your mother's death certificate and signatures on other documents to support the claim of the forged Quitclaim deed. These documents will provide crucial evidence to substantiate the argument of fraud and lack of subject matter jurisdiction.
Is there anything else you need assistance with regarding your case?

Thanks

****, you're welcome! Good luck with your case. If you need further assistance, feel free to reach out.

When submitting Real Property for probate should the deeds be filed along with the inventory as proof of character of property

Yes, when submitting Real Property for probate, it's generally advisable to file the deeds along with the inventory as proof of the character and ownership of the property. This can help verify the decedent's ownership and ensure accurate estate administration.
Do you need more information on the probate process in Texas?

No is it a requirement

It is not a strict requirement to submit deeds with the inventory in Texas probate cases, but it is highly recommended. Including the deeds provides clear evidence of the property's character and ownership, which can help prevent disputes.
Would you like to know more about what documents are typically required in the probate process?

Only real property

In Texas, while it is not a strict requirement to submit deeds with the inventory during probate, it is advisable to do so. Including the deeds provides clear evidence of the property's character and ownership, which helps in preventing disputes.
Would you like more information on how to properly submit real property in probate?

Why would the Real Property still be held in probate 12years later

There could be several reasons why real property is still held in probate after 12 years:
- Disputes among beneficiaries.
- Errors or omissions in the estate inventory.
- Ongoing litigation or objections.
- Issues with title or ownership verification.
- Court backlog or administrative delays.
Would you like more specific information on how to resolve long-standing probate issues?

Could it be because it's separate real property from a prior marriage

Yes, it could be because the real property is considered separate from a prior marriage. This classification can complicate probate, especially if there are disputes over the property's character or ownership.
Would you like more information on how to handle separate property in probate?

The prior marriage it was community Real property split equally in the divorce decree judgement

If the real property from the prior marriage was split equally in the divorce decree judgment, it should be clearly documented as such. Here are some general steps you can take:
- Provide the divorce decree judgment as evidence in the probate process.
- Ensure the property division is correctly reflected in the estate inventory.
- Clarify the character of the property to the probate court.
Would you like more details on how to present this information to the court?

That was my objection to Inventory the second wife claims it as community Real property but it's clear it is not

****, it sounds like you have a strong basis for your objection. Here are some steps to clarify the character of the property:
- Present Divorce Decree: Include the divorce decree judgment as evidence, showing the property was split equally.
- Submit Supporting Documents: Provide any deeds and relevant documents to substantiate your claim.
- Outline Facts: Clearly detail the separation of property in your objection.
Would you like a template for this objection?

I already filed it with a show cause hearing, they turned it into a lawsuit

****, since your objection has turned into a lawsuit, it is crucial to persist in providing substantial evidence to support your claim. Here's what you can do next:
- Reiterate Your Evidence: In your filings, continually emphasize the divorce decree judgment and the forged Quitclaim deed.
- Request Dismissal Again: Refile your motion to dismiss, highlighting the lack of subject matter jurisdiction and the fraudulent nature of the Quitclaim deed.
- Attend Hearings: Be prepared to present your evidence and arguments at any scheduled hearings.
Would you like more detailed guidance on any specific part of this process?

The court has no Jurisdiction and that is why it has to be dismissed, due to forged quitclaim deed

****, you have a strong argument for dismissal based on the lack of subject matter jurisdiction and the fraudulent Quitclaim deed. Here's a concise summary of your next steps:
- Reiterate Your Evidence: Continuously emphasize the divorce decree judgment and the forged Quitclaim deed.
- File a Renewed Motion to Dismiss: Highlight the lack of subject matter jurisdiction and fraudulent deed.
- Attend Hearings: Be prepared to present your evidence clearly.
Would you like more specific details on any of these steps?

Got it. Will the court rule without a hearing

****, the court generally prefers to hold a hearing to rule on significant motions such as motions to dismiss for lack of subject matter jurisdiction. However, in some cases, if the arguments and evidence are clear and compelling, the court might rule without a hearing.
Would you like more information on preparing for a potential hearing?

The summary judgement said it is not necessary for anyone to show up it will be a call

****, it sounds like the court will handle the summary judgment via a call, which is somewhat unusual. Here are your steps:
- Participate in the Call: Ensure you're available for the call to present your arguments.
- Prepare Your Documents: Have all your evidence ready, including the divorce decree, forged Quitclaim deed, and your objections.
- Reiterate Jurisdiction Issues: Emphasize the lack of subject matter jurisdiction during the call.
Would you like more details on preparing for this call?

I am going for dismissal because this has been a court colluding with the independent executrix

****, it sounds like you're dealing with a complex and potentially serious issue. Here’s a concise outline on how to proceed:
- File a Renewed Motion to Dismiss: Clearly state the lack of subject matter jurisdiction and include evidence of the forged Quitclaim deed and the divorce decree judgment.
- Participate in the Call: Prepare to present your arguments and evidence during the scheduled call.
- Document Everything: Keep detailed records of all communications and submissions.
Would you like a detailed template for the renewed motion to dismiss?

No matter what I can appeal

****, you can certainly appeal if you believe the court's decision is incorrect. Here’s a brief overview:
- File a Notice of Appeal: Submit this to the court within the required timeframe.
- Prepare the Appeal Brief: Outline your arguments, focusing on errors in the trial court's decision.
- Submit Evidence: Include all relevant documents, such as the divorce decree and forged Quitclaim deed.
Would you like more information on the appeals process?

I have to submit it on Monday I got the Summary judgement notice on Friday schedule for Tuesday Christmas Eve

****, here’s what you should do immediately:
*. File a Renewed Motion to Dismiss:
- Emphasize lack of subject matter jurisdiction.
- Include the forged Quitclaim deed and the divorce decree judgment as evidence.
*. Prepare a Response to Summary Judgment:
- Draft an objection outlining why the court lacks jurisdiction.
- Highlight fraud and lack of jurisdiction.
If you need more details on drafting specific sections or documents, let me know!

I never saw the motion for summary judgement, it doesn't say anything

****, if you never received or saw the motion for summary judgment, you should mention this immediately in your response. Here's what to do:
*. File an Objection and Motion to Dismiss:
- Mention Lack of Notice: State that you never received the summary judgment motion, which is a due process issue.
- Reiterate Lack of Jurisdiction: Emphasize the court's lack of subject matter jurisdiction.
- Include Evidence: Attach the divorce decree, forged Quitclaim deed, and any other supporting documents.

*. Attend the Call:
- Prepare Your Arguments: Be ready to discuss the lack of jurisdiction and the fact that you were not properly notified.
Would you like more details on drafting the objection and motion to dismiss?

It doesn't state the reason for summary judgement. My guess will be lack of jurisdiction

****, here's what you should do next:
*. File an Objection and Motion to Dismiss:
- Mention Lack of Notice: Clearly state that you never received the summary judgment motion, which is a due process issue.
- Reiterate Lack of Jurisdiction: Emphasize the court's lack of subject matter jurisdiction.
- Include Evidence: Attach the divorce decree, forged Quitclaim deed, and any other supporting documents.
*. Prepare for the Call:
- Gather Your Evidence: Have all relevant documents ready.
- Outline Your Arguments: Be ready to discuss the lack of jurisdiction and the lack of proper notice.
Would you like more details on drafting the specific sections of your objection and motion to dismiss?

I got what was filed at the court but it doesn't state why they are requesting a summary judgement

****, given the complexity, here’s what you should do:
*. File an Objection and Motion to Dismiss:
- Mention Lack of Notice: Clearly state that you never received the motion for summary judgment.
- Reiterate Lack of Jurisdiction: Emphasize the court's lack of subject matter jurisdiction.
- Include Evidence: Attach the divorce decree, forged Quitclaim deed, and any other supporting documents.
*. Request Clarification: Ask the court for clarification on the grounds for the summary judgment.
Would you like a specific template for this filing?

Got it thanks

****, best of luck with your case. If you need further assistance or have more questions in the future, feel free to reach out. Take care!

Legal Steps For Dismissal

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