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Joseph Jonathan Brophy

Joseph Brophy’s Answers

4,134 total


  • Is the executors commission on an estate determined after the bills have been paid and then on the value of what is left?

    My mother passed away. The executor, also a lawyer, handled the real estate sale of her house, only asset. I maintained the paying of bills on the house, funeral, taxes etc. Does the executor get a commission based on the value of the estate after...

    Joseph’s Answer

    The executor gets a commission based on money collected and also money paid out from the estate. Taxes are a consideration only when the estate is substantial. If you are the sole beneficiary of the estate, the lawyer is right, there is no point in asking for reimbursement because you are getting the money anyway. Whether he pays you money as a legacy or reimbursement, his fee will be calculated the same way. Please be aware that an attorney executor in NY only receives 50% of the statutory commission unless the person who made the will signed a separate document authorizing the attorney executor to receive a full commission

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  • Hello there my mom sold her house in Iran I need to transfer my money to USA but I dont now how please tell me how I ca do it

    Hello there my mom sold her house in Iran I need to transfer my money to USA but I dont now how please tell me how I ca do it

    Joseph’s Answer

    That's a tough one. Very few US attorneys have experience in this area. There are sanctions against Iran that make it difficult to move money to or from that country. I do know some Iranian Americans who have run into this problem. I suggest you google "Iran legal consultant."

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  • My sisters husband refuses to sign a sep. agreemnt (NC) her lawyer wants$5500 to $25k to sue him; sound honest? recommendations?

    they have lived apart for 19 months, they own a large home together in both names on deed. Kids are all adults. A private investigator caught him cheating in March 2013. I use to be a PI in a different state and have concerns about his advise ...

    Joseph’s Answer

    Legal services are expensive and it's hard to say what the bill will be at the end because there is another party involved. The cost to wife is directly affected by how hard husband decides to fight. Legal services for a divorce can easily top $25,000 if the parties can't reach an early settlement.

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  • If you need QDRO work done, is SkyPro or Sky Professionals a good option if your funds are limited?

    I had an attorney recommend this option. However, when I looked on the website it appears that the fees for each document raises the price even though they advertise their services for a flat fee.

    Joseph’s Answer

    The purpose of this website is to give people legal information, not to recommend vendors. I can tell you in general terms that a QDRO is a trap for the unwary. If it's done wrong the consequences can be very unpleasant. Trying to save money by skimping on important legal services is not usually a good idea. Have an expert lawyer do it.

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  • Ho do you collect a malpractice settlement?

    My friend received a medical malpractice judgment in her favor for over a million dollars but for some reason has not been able to collect anything even though the dr is still in town and is still practicing. How does one go about collecting a ma...

    Joseph’s Answer

    If the doc had insurance your friend would have collected the judgment from the insurance company. Most likely he doesn't, and has no assets, or has insulated his assets from judgments. Your friend needs a collection lawyer, some patience, and maybe a little luck.

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  • I want to know if it is legal for someone to withhold part of an inheritance to keep you from receiving your full inheritance.

    My father passed away and left my siblings and I each $50,000 in a trust. In a separate trust we are to receive farm land which is valued at close to 3 million dollars. My step mother is the executor, and she is withholding the farm trust from us,...

    Joseph’s Answer

    I agre with Mr. Popovich. Consult with probate litigation lawyer immediately, and bring the trust documents with you, including the document your stepmother wants you to sign. If your father lived in AZ at the time of his death, you will probably need to hire a lawyer there, but a lawyer in your own area can probably point you in the right direction after reviewing the documents .

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  • My parents have passed on, there is a will and we will need to probate it

    We know there is a will, the real estate and personal property are worth enough for probate. A personal representative (executor) was named and has the will. Are the benficiaries entitled to a copy of the will? Can the executor keep the beneficia...

    Joseph’s Answer

    When the will is offered for probate, a copy of the will is attached to the probate petition that is served on the beneficiaries and next of kin. That's how they do it in my state, anyway. If the executor does not offer the will for probate, a beneficiary or next of kin has standing to petition to court to compel the executor to do so. If it comes to that you will need to hire a probate lawyer.

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  • I have a estate in Missouri that was left to me by will.its been 1year and tooo months .what form do i need to transform over in

    My name also how can i close the bank acount the had

    Joseph’s Answer

    If there is a Will leaving the estate to you, it probably needs to be probated. There is more involved than just filling out a form. How much more depends on the size of the estate, and whether the deceased person left kin who would have inherited but for the Will. Talk to a probate attorney in the county where the person resided. It may be that you can do it yourself, but you really can't know that without getting some legal advice first.

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  • Is this malpractice?

    a friend went in to hospital had colon removed and colostomy fitted week later had distended abdomen and had another op he then had trouble breathing and was sedated he had rectal cleanse and draining and a week later he died from multi organ fail...

    Joseph’s Answer

    There is nothing routine about having a colon removed. Your friend must have had some serious medical problems to begin with, and it seems as if the first operation was a failure. Much more information would be needed to form an opinion whether the complications and death were the result of medical malpractice. It would be worth the family's while to contact some medical malpractice lawyers in the state where this happened, and discuss the matter in detail with them. Lawyers who handle these cases are usually happy to give free consultations.

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  • Do I need an attorney for libel case

    an individual or private citizen posted information via internet forum saying the I stole and cashed $1000 of an organization where I am not even an officer or signatory to bank account. He went further for 4 day in roll writing and posting ac...

    Joseph’s Answer

    It is very unlikely that you could successfully prosecute a defamation case without being represented by a very capable lawyer. Such representation is expensive. In a very few cases, lawyers will accept defamation cases on contingency. To have any chance of persuading a lawyer to accept such a case on contingency, you would need proof of substantial actual damages. You would also need a defendant who has the resources to pay a judgment if you were to win the case.

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