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Joseph Jonathan Brophy

Joseph Brophy’s Answers

4,134 total


  • I am from Wisconsin, when should a will be motorized?

    Am going to court and there are two wills. Contesting one that was not filed and seems to be incomplete. The other has only one witness signature but was notorized which seems to be wrong. Should it have been notorized?

    Joseph’s Answer

    A Will is a document that needs to be executed strictly in accordance with the legal requirements that each state sets by law. In this situation there is no substitute for consulting with a probate lawyer and showing copies of both documents to the lawyer to get advice whether either of them can be probated and what rights you may have.

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  • In NY do you need to probate a will when the same person also created a Trust and transferred all assets including cash into

    trust . The only thing left are clothes and furniture. The will provided that all things she owned as of death be transferred to the trust if she has not done so at time of death.

    Joseph’s Answer

    Whether a probate will be necessary in this situation depends on a number of factors that are not addressed in the question. The trustee and the nominated executor should seek advice from a probate lawyer.

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  • Can heirs negotiate real estate in intestate succession in pa?

    This is in Pennsylvania. The situation is that there is no will, and no spouse, but there is two adult children. One of two adult children was intended by the parent to inherent the house without having to "Buy-out" the other sibling. When the e...

    Joseph’s Answer

    Heirs are always free to negotiate inheritance rights. In fact the courts favor negotiated solutions to almost any legal dispute. I would advise both of you, though, to get probate lawyers to advise you so the agreement is properly drafted and the administration is handled correctly. I was involved recently in a situation where heirs negotiated an agreement, signed off on it without benefit of legal advice, and then some of them changed their minds. It was a terrible mess for everybody.

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  • Can I sue my lawyer?

    I've paid my lawyer in full for my divorce. It's been 2 months past my year of separation. In my opinion, he is not doing his job he was hired for. I am waiting on my final hearing and the defendant cannot be found to serve and my lawyer seems to ...

    Joseph’s Answer

    Suing your lawyer is not a good idea in this situation. It will just be an added expense and delay in getting the divorce that you want. Also, even if your lawyer has failed to act in accordance with good standard practice (which I doubt), you would have a hard time proving any financial damages. Do yourself a favor, sit down with your lawyer and have a calm discussion.

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  • Can my dad press charges for his wife doing his deed giving herself his farm and signing life insurance that he never did??

    My dad is going through a divorce he went an got the deed to his farm that he's had for 15 years now then had my aunt look over it because he can't read. While reading they found out that his wife whom he's divorcing put the deed that he was givin...

    Joseph’s Answer

    If your dad is going through a divorce, he needs a divorce lawyer to sort through these issues. This is not a do it yourself problem, especially if he can't read. It is possible to set aside a fraudulent transfer, but there is a heavy burden to prove fraud. It takes some expert legal work to prevail on such a claim.

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  • My grandmother died.She had2kids my aunt and my father which my father died no will do I get my fathers half of house in VA

    My father passed 1986 I received Ss benefits for my father from then till I was 1997. His mother only had him and my aunt. My grandmother passed 2009 and didn't have a will she always said let yall fight over things. My aunt now has the house in V...

    Joseph’s Answer

    Even if your grandmother didn't have a Will, a lot could have happened since 1986. The first thing you need to find out is whether your grandmother was the sole owner of the house when she died. You need to contact a probate lawyer in or near the county in VA where your grandmother lived and dig up some facts. Depending on what facts come to light, you may have a right to a share of the house.

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  • Can an Estate Lawyer refuse to file an action for conversion of estate assets.

    I am the Special Administrator of my sister's estate. I have discovered that my sister's housekeeper illegally converted estate assets. The probate lawyer I retained does not wish to pursue the conversion as they do not wish to commit their firm...

    Joseph’s Answer

    An attorney-client relationship is not one of involuntary servitude on the part of the attorney. In this case, the attorney apparently does not think that suing the housekeeper would be a good idea. There must be a reason, but you have not shared that with us in your question. If you do not wish to follow the attorney's advice, you have a perfect right to fire this attorney and hire another. But you will still have to pay this lawyer for the work he or she has done to date.

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  • Seeking an attorney specializing in syringmyelia (syrinx)

    I have syringomyelia. I am seeking malpractice advise/attorneys. I had a PTL procedure instead of a syrinx operation performed by a neuro-surgeon that went horribly wrong on May 6th, 2014. Nature of the injuries: From mid-waist down t...

    Joseph’s Answer

    Syringomyelia is an uncommon condition. In 40 years of practice I have handled one case involving this condition and it was a very tough one. You are unlikely to find many other lawyers who have handled a case involving this condition, and I would venture to say that no lawyer specializes in it. What you need is a good medical malpractice lawyer, not necessarily somebody who already knows about your medical condition. Don't waste time gathering records- they are likely to be very extensive. Just find the best medical malpractice lawyers in your area and get on the phone to find out if they are interested in investigating your case.

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  • Is it normal for a CPA to be an executor of an estate? My sister claims that a judge has to approve this.

    She refuses me access to my deceased parents home and any info on what the status of the will is or who is managing anything. The oregon probate court has nothing on file under either of my parents names. Is she running a con on me and abscondin...

    Joseph’s Answer

    A judge has to approve any executor named in the Will, but this is usually a routine matter. I strongly suggest that you talk to a probate lawyer in the county where your parents resided. Most likely you are going to have to file a probate petition. Since your sister is already placing obstacles in your way, you certainly should be represented by a competent lawyer.

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  • Can I file legal malpractice lawsuit?

    My lawyer provided untrue statements to the judge and forged my signature on sworn declaration without my consent and authorization. He never discussed details of the statement with me.

    Joseph’s Answer

    • Selected as best answer

    Forging your signature is a crime and therefore a breach of legal ethics on its face. More facts would be needed to offer an opinion whether this conduct amounted to malpractice. Forgery is certainly a departure from good accepted standards of legal practice, but what financial loss did it cause you? You can't win a legla malpractice case unless you can prove financial damages.

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