Paul Boland, as Heir of the Estate of Dixie L. Boland, et al. v. Chris Boland, et al.
DueProcess JusticiabilityDoctri
1) Were Petitioners denied due process of the law
when their motion in probate court to turn over
assets belonging to their father's estate was
denied without a hearing after Petitioners
specifically requested a hearing and while
discovery was in process (motion to compel
outstanding) and when the state supreme court
affirmed the district court's denial of a hearing?
In other words, is a hearing required when a
personal representative or heir seeks turnover
of assets to an estate in a probate proceeding
and is denial of such a hearing when material
facts are at issue a violation of the petitioner's
rights under the due process clause of the 14
Amendment of the Constitution of the United
States.
2) Does Due Process of Law under the 14%
Amendment require some minimal discovery
requested in a civil case where material facts are
disputed?
Were Petitioners denied due process