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Contestment of guardianship


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Contestment of guardianship

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Contestment of guardianship

  1. 1. 04/10/2011 TO THE HONORABLE JUDGE CHRISTINE BUTTS, This letter is in reference to the application for Guardianship of Helen Rita Hale, Court Docket No. 403,028 which was held on your court on April 6, 2011. We hereby notify the Court that the Notice received by the adult children did not contain the information required in the citation issued under Section 633 Subsection (b) of the Texas Probate Code. We, therefore, contest the appointment of Linda Diane Cheatham as guardian. The only information received by the below listed adult children by certified mail was a copy of the application of guardianship and a short letter (Copy enclosed) from Michael R. Tibbets, the attorney for the applicant, stating his representation for Diane Cheatham in the guardianship of our mother, Helen Rita Hale. As you are well aware, Section 633 (d) of the Texas Probate Code clearly states: “The applicant shall mail a copy of the application for guardianship and a notice containing the information required in the citation issued under Subsection (b) of this section by registered or certified mail, return receipt requested, or by any other form of mail that provides proof of delivery, to the following persons, if their whereabouts are known or can be reasonably ascertained: (1) all adult children of a proposed ward; Furthermore; the pertinent part of Section 633, Subsection (b) states unambiguously, “The citation must cite all persons interested in the welfare of the proposed ward to appear at the time and place stated in the notice if they wish to contest the application.” As the court can plainly see by the attached application and a copy of the letter from Attorney Tibbets; the adult children of the proposed ward, Mrs. Helen Rita Hale, were not properly notified of time and place as required by law of Section 633 of the Texas Probate Code. Once again, we adamantly contest the appointment of Linda Diane Cheatham as guardian due to the applicant’s failure to comply with the State Laws of the Texas Probate Code and pray the court overturns that appointment. According to Texas Statute Section 633 (d-1); “The Applicant shall file with the Court: (1) a copy of any notice required by Subsection (d) of this section and the proofs of delivery of the notice; and (2) an affidavit sworn to by the applicant or the applicant’s attorney stating:Create PDF files without this message by purchasing novaPDF printer (
  2. 2. (A) That the notice was mailed as required by Subsection (d) of this section; and (B) The name of each person to whom the notice was mailed, if the person’s name is not shown on the proof of delivery. It is evident by the notice received through certified mail from the applicant’s attorney that the affidavit received by the court was not in compliance with the Texas Probate Code. Once again, we contest the appointment of guardianship of Helen Rita Hale to Linda Diane Cheatham and pray this appointment be revoked and overturned. We also ask the court to report this deceptive, careless, and unlawful attempt to gain guardianship of our mother to the proper authorities for investigation and prosecution to the fullest extent allowed by law. Let the record speak for itself; the applicant and her attorney have hidden time and place of proceedings from the four elder siblings in order to prevent them from contesting her application for guardianship. Again; we pray the court revoke guardianship and ban the applicant from seeking guardianship in the future. The alleged “facts” stated in Section VII of the Application For Appointment Of Permanent Guardian Of The Person And Estate are unequivocally without merit and basis in fact and are merely an attempt to discredit and slander her sister who lives next door to her mother, Mrs. Hale. Mrs. Jane Goings has been helping care for the general wellbeing of her parents during Mrs. Cheatham’s absence of more than a decade; an absence due to her own outstanding debts to Mr. and Mrs. Hale. It is obvious to us that our mother has been manipulated, deceived, and undermined by the applicant and we will not sit silently by and watch her be taken advantage of and controlled by someone who apparently has lost touch with reality and sense of family. After explaining to our mother what guardianship entails; she is vehemently opposed to the idea of Linda Cheatham, or anyone else for that matter, having guardianship. We feel this is a family matter that can be resolved without the court’s intervention. Respectfully Submitted, Edward F. Hale III David Hale Susan Hale Staley Jane Hale GoingsCreate PDF files without this message by purchasing novaPDF printer (