Joseph Jonathan Brophy’s Answers

Joseph Jonathan Brophy

White Plains Ethics / Professional Responsibility Lawyer.

Contributor Level 20
  1. Does my deceased mother's will have to be probated?

    Answered about 1 year ago.

    1. Joseph Jonathan Brophy
    2. Eric Edward Rothstein
    3. Donna R Blaustein
    4. Denise Leydon Harvey
    4 lawyer answers

    If real estate passes through a will, the will needs to be probated. You status as heir has nothing to do with it. Think long and hard before going for a reverse mortgage. If you can't afford to keep the house, geting a reverse mortgage just delays the day of reckoning.

    8 lawyers agreed with this answer

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  2. What are the duties of an Administrator where an estate will have to be probated by the court.

    Answered about 1 year ago.

    1. Joseph Jonathan Brophy
    2. John P Corrigan
    2 lawyer answers

    The duties of an administrator are to locate assets, collect them, safeguard them, pay proper expenses such as taxes, legal fees and filing fees from assets of the estate, distribute the net assets to the heirs, and account to the heirs and the court. For these services, an administrator is entitled to a commission. Generally an administrator should have the guidance of a lawyer but in very simple estates it may be possible to get by without one.

    8 lawyers agreed with this answer

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  3. My brother died of a drug overdose, hydrocodone intoxication. He was at my other brothers house at the time, is he liable?

    Answered over 1 year ago.

    1. Joseph Jonathan Brophy
    2. Robert Bruce Kopelson
    3. Jayson Lutzky
    4. Josh P Tolin
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    I am sorry you lost your brother, but prospects of a successful claim seem remote to me. Your brother was fraudulently, indeed criminally obtaining a controlled substance, then he took enough of it to kill himself. While the docs or the pharmacies may have been negligent, your brother's own actions resulted in his death. That's the defense argument anyway, and it would be a hard one to overcome. The recoverable damages in the case would likely be very limited. Lastly, depending on who your...

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  4. Before he passed away suddenly my deceased father bought me a condo for cash

    Answered about 2 years ago.

    1. Joseph Jonathan Brophy
    2. Eric Jerome Gold
    2 lawyer answers

    You are in a tough spot. Absent a writing establishing your entitlement to the apartment your rights are very limited. Your relationship with your family is apparently such that you don't trust their assurances and you don't think they will sign anything. Prodding them may have just the opposite effect from what you want. You need the advice of a probate lawyer in the place where your father's will is being probated. A skillful litigator who is also a skillful negotiator may be able to help you...

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  5. What happens if you die while in the process of making up a new will that's been drafted (not signed)

    Answered 6 months ago.

    1. Meredith Landmann Lawrence
    2. Joshua N Robbins
    3. David L. Carrier
    4. Joseph Jonathan Brophy
    5. Anne Clare Rosenberg
    6. ···
    7 lawyer answers

    A Will must be executed or it has no effect. The old Will would control.

    10 lawyers agreed with this answer

  6. Our will was done on Legal Zoom, do I contact them about my husband died? How do I file his passing and with whom.

    Answered 6 months ago.

    1. Joseph Jonathan Brophy
    2. Don Paul Harvey
    3. Robert P Garven
    4. Joseph Franklin Pippen Jr.
    5. David Michael Goldman
    5 lawyer answers

    Legal Zoom doesn't give legal advice. They just help people prepare documents. See a probate lawyer in your area for a consultation. It will cost a few hundred dollars and then you will know what to do about your husband's estate. While you are at it, you should get some estate planning advice for yourself.

    10 lawyers agreed with this answer

  7. Can I sue a doctor who over medicated a family member to death?

    Answered 8 months ago.

    1. John M O'Brien
    2. Ajay Mohan Kwatra
    3. Joseph Jonathan Brophy
    4. Michael Raymond Daymude
    5. David Ian Schoen
    6. ···
    12 lawyer answers

    I am sorry this happened. The facts as you describe them are very suspicious but whether there is a solid case depends on many facts you have not put in your question and perhaps don't know. You should consult with a medical malpractice attorney and do so soon. CA has a very short statute of limitations. Such consultations are generally free of charge.

    10 lawyers agreed with this answer

  8. Pain and suffering

    Answered 9 months ago.

    1. Joseph Jonathan Brophy
    2. Christian K. Lassen II
    3. David Ian Schoen
    4. Stephen Clark Harkess
    5. Steve Eliot Sanderfer
    5 lawyer answers

    Your claim will be a very hard one to prove Also, since you stopped taking the stimulants 8 years ago, most likely the statute of limitations has run out as well. For these reasons, .I doubt that you will find a lawyer willing to take it on. If you are concerned that the adderall is wrong for you, just see another doctor. And, get into a program for your addiction problem.

    10 lawyers agreed with this answer

  9. I was assaulted and received medical treatment due to the head injury that i sustained? I received head trauma.

    Answered 10 months ago.

    1. Bennett James Wills
    2. Joseph Jonathan Brophy
    3. John M O'Brien
    4. Dennis Wayne Tackett
    5. David A. Papa
    6. ···
    7 lawyer answers

    Your options depend on who assaulted you and where. If it was a random drunk , good chance the assailant has no money, so suing is getting you nothing. If it was a security guard at a store, your chances of recovering damages are better. In any case, talk to a personal injury lawyer. and do so soon. Assault cases have short statutes of limitations.

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  10. I was involved in a hit and run and the bodily injury rep said that she couldnt move forward until she heard from the adjuster.

    Answered 12 months ago.

    1. Joseph Jonathan Brophy
    2. James Gregory Hurley Jr.
    3. David Ian Schoen
    4. Samuel Cohen
    5. Shoshana Kunin-Leavitt
    6. ···
    7 lawyer answers

    Welcome to the wonderful world of insurance. The company represented by that cold blooded lizard on TV is not your friend. None of the other ones are either. Without a lawyer you are at their mercy. If you have a personal injury claim, consult with a personal injury lawyer.

    10 lawyers agreed with this answer