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Joseph Jonathan Brophy

Joseph Brophy’s Answers

4,134 total


  • Can I file an Adverse Possession claim on my family's ranch land to prevent it from being sold by Probate attorneys?

    I have been fighting this for 4 years, and now i have been evicted from my home. i have lived on the property since 2007 and i fulfill all the requirements for CA. adverse possession. i need to do this without an attorney, unless they are willin...

    Joseph’s Answer

    The legal representative of the estate ordinarily doesn't have to follow the directions of the beneficiaries in disposing of estate assets. Adverse possession claims are disfavored by the law, and are extremely technical. As a non attorney you have little to no chance of winning such a claim even if the facts are in your favor. I suggest that if you can't afford a lawyer you make the best arrangement you can with the legal representative and move on with your life.

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  • Do you think I need a lawyer?

    My husband bit into a piece of what appears to be bone in a homebake meal (everything included in the box to bake, nothing was added to it) and it broke one tooth and chipped another. The insurance adjuster for that company wants us to send them a...

    Joseph’s Answer

    Your concerns about what the insurance company might do with the evidence are well founded. You need a capable lawyer to protect your interests and get your husband fairly compensated. The insurance company, even if they don't "lose" the evidence, will not pay fairly unless you are represented.

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  • Any options besides a court appointed guardian ad litem when a sole beneficiary can't perform executor duties in probate?

    In a case where the closest relative and sole beneficiary of her sister's estate is elderly and now unable to perform Executor duties due to cognitive impairment, and is not married, can't her daughter who is her POA, only child and closest relati...

    Joseph’s Answer

    There are different kinds of guardians. Yes, there have been cases where property guardians (some of them lawyers, some relatives) have taken advantage of impaired people, but a guardian ad litem is not a property guardian. You as a person with an interest in the estate can apply to the court be administrator when the executor can't fulfill her duties. However, the court can't just take your word for it, so a guardian ad litem will be appointed to make sure that the application is proper and your mother's interests are protected. That doesn't mean the guardian ad litem will push you out of the picture or control the estate.

    As to the other part of your question, I do not think a POA from your mother can give you the right to act in her place as executor. My understanding is that a legal representative of an estate such as an executor can't delegate her power. But don't take my word for it. You will definitely need to hire a probate lawyer to sort all this out. You should address that question to a lawyer who can review the facts and the documents and research the law on the subject before advising you how to proceed.

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  • I am preparing for back surgery #4. I am needing someone who has experience in spinal hardware . T-12 thru S-1.

    Titanium rod has separated from aluminum screw that is in my vertebrae.

    Joseph’s Answer

    It is a little difficult to understand what you are asking. If you are looking for a lawyer to advise whether you have a basis for a medical malpractice or products liability lawsuit, you are liable to have a hard time finding one, especially in TX. Manufacturers of medical devices enjoy a high degree of protection from lawsuits. And it is very difficult to win a medical malpractice case in TX because of so called "tort reform" legislation. You could try Avvo's "Find Lawyer" function to search for lawyers in your area who are experienced in medical device and medical malpractice litigation.

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  • My wife fell at work, and after three surgeries she ended up with RSD, what can we do? Seems like no one cares...

    after fall she had trigger finger, after the second surgery the doctor put on a motion machine to keep thumb moving 24-7 for a week, she ended up with frozen shoulder, she started feeling a weird cold and hot painful sensation in her finger, but t...

    Joseph’s Answer

    Since your wife was injured at work, her primary remedy is workers compensation. Ifshe already has a workers compensation lawyer, he or she can refer your wife to a medical malpractice lawyer for consultation. You must understand, though, that the fact your wife developed RSD is not in itself proof that there was anything wrong with her medical care. For this reason, it is not surprising that she has not found a lawyer willing to take on the case. However, lawyers may have different opinions about cases, so it is worth while consulting with several before giving up.

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  • Do I need a lawyer, for a lawsuit against a doctor?

    He went in to reconstruct a dialysis access and messed the arm up, had to go to Imperial Point Hospital to have it redone the right way.

    Joseph’s Answer

    In theory you can start a lawsuit without a lawyer, but you will certainly lose if you are unrepresented. Medical malpractice lawsuits are very difficult and require expert legal representation. Contact some medical malpractice lawyers and see if they are interested in your case. They are generally happy to answer questions over the phone at no charge.

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  • Mom passed with no will. 5 Siblings, I'm Executrices, is there another way to bypass the bond, & gift the house to my Brother?

    Per the Surrogate courts, we are require to post a bond and it seems to be based on the value of the house and her debts? Mom was in various Hospitals during the course of her illness. What is the length of waiting period after we notify them of h...

    Joseph’s Answer

    You are in way over your head. You need to hire a probate lawyer in the state where your mother died to guide you through the process. Hiring a lawyer is a legitimate expense of the estate. As far as the house is concerned, without a Will, all the siblings have an equal claim to it, and will have to consent in writing to it being transferred to your brother who is living there.

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  • Billing - Legal Fees

    I am reviewing the most recent billing from my attorneys and noticed a quite bit of discrepancies, e.g. I am billed for the times that there were no activities (e.g. waiting for the next court date coming up in a couple of months), many emails/pho...

    Joseph’s Answer

    Part of the answer depends upon the written retainer you should have with your attorney. Many retainers state that if you don't challenge a bill within 30 days after receiving it, you are deemed to accept the bill. Even if your retainer doesn't say that, if you get into a fee dispute your attorney is liable to claim full payment under the principle of an account stated. Before getting into a fight, though, I strongly suggest that you review all the bills and sit down with your lawyer to see if any potential disputes can be resolved.

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  • Can deleted texts be subpoenaed by an individual in a will / probate case?

    I am waiting for a will to go to probate because the executor chose to act more like a greedy beneficiary rather than a good executor and is trying to exploit the lawyer's mistake who prepared the will and wants me to sign off that he was to inhe...

    Joseph’s Answer

    As a general answer, sometimes deleted text messages can be obtained by subpoena. They can also be retrieved from some mobile devices. Whether the messages can be obtained in your case depends on a host of factors. You will only find out when you try, whether the messages still exist somewhere. You should be aware that under NY law, evidence of transactions with a deceased person is often not considered by the court. That's a complex legal issue in many cases. Mr. Haber's advice for you to retain a lawyer is good. You should follow it if you are at all serious about contesting this Will.

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