Paul Boland, as Heir of the Estate of Dixie L. Boland, et al. v. Chris Boland, et al.
DueProcess JusticiabilityDoctri
Were Petitioners denied due process
QUESTIONS PRESENTED 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?