Reprise: Better Chancery Practice FAQ

April 30, 2015 § 4 Comments

Reprise replays posts from the past that you may find useful today.


October 8, 2010 § 1 Comment

My 8.05 financial statements stink.  How can I improve them?

Here are Ten Tips for More Effective Rule 8.05 Financial Statements.

Is my estate ready to close?

Check out this Checklist for Closing an Estate.

I think I need to file a habeas action.  Any tips?

This Habeas Corpus Step by Step should help.

One more time: what are those child custody factors I need to prove at an upcoming trial?

The Albright factors are what you’re looking for.

Help! We need to sell some real property in an estate, and I don’t know where to start?

How to Sell Real Property in an Estate may be just what you need.

I’ve been asked to handle a minor’s settlement for a Jackson firm, and I’ve never done it before.  What do I need to do?

This Outline for Handling a Minor’s Settlement will get you started.

My mail has an MRCP 41(d) notice in it this morning.  I remember you said something about it, but I don’t have time to look for it.  Can you remind me what I am supposed to do?

<Sigh>  Here’s a post on what to do When Rule 41(d) Comes Knocking at Your Door.

I need to prove the tax effects of alimony, but my client can’t afford to hire a CPA to come testify.  Any ideas on what I should do?

Try looking at Proving Tax Effects of Alimony.

My Chancery Judge is really nitpicky.  How can I draft my adoption Complaint to satisfy him?

Are you talking about me?  Whatever.  Here is a post on pleading Jurisdiction for Adoption.

Every time I go to court in Jackson, the lawyers there snicker about my countryfied attire.  Any suggestions?  I cannot afford another $100 contempt citation for punching out a lawyer in the courtroom.

You probably need to be charging more so that you can afford either a better wardrobe or more contempt fines.  Until you do, try reading “High Waters” and Burlap Suits.  It won’t change anything, but it may help you to feel better.

§ 4 Responses to Reprise: Better Chancery Practice FAQ

  • Bob Wolford says:

    Judge Primeaux- quick question on conservatorships. Statute says that the duties of a conservator shall be those of a guardian, and the guardianship statute says that the guardian shall do what an executor does under the estate statutes, except that no publication to creditors is required unless specifically ordered by the Court. So, am I to understand that there is no “default” duty for a conservator to notice all known creditors, file an affidavit then and publish? Or is this one of those requirements that depends on which chancery district one is practicing in?

    Bob W.

    • Larry says:

      Away from my office sans code, so I can’t refer to the specific language of the statute. If the language is as you say, I would think there is no “default” obligation. But as always your safest bet is to run it past the chancellor who is going to be responsible. It’s ex parte, so there’s no problem visiting with the judge about it.

      • Bob Wolford says:

        Thanks Judge- have a nice weekend, and as always thanks for your steady work on this blog in clarifying chancery work.

  • Anna says:

    would love to see a column on the permanence of an “unclean hands” finding on the part of the COA in its ruling is fatal to THAT modification attempt — thus, the “controlling order” is that which was the controlling order prior to the modification attempt.
    Thank you — but some attorneys do not know that.

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