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Joseph Jonathan Brophy

Joseph Brophy’s Answers

4,134 total


  • How can the following "Terrorem Clause" of a Probated Estate Will be interpreted as shown and how hard would it be to enforce?

    How hard would the following clause from a probated Estate Will be to enforce and what are some more common examples of how Wills are contested whereby such a clause is enforced?: IN TERROREM CLAUSE "If any beneficiary under thi...

    Joseph’s Answer

    Rather than asking how easy an in terrorem clause would be to enforce, the better question is probably how hard would it be to overcome it. In New York these clauses are enforceable. They are intended to make beneficiaries think twice about objecting to the will. That gets to the question, how strong are the grounds to contest the will? Usually, will contests are very hard for the party objecting. I suggest you have a sit-down with a probate litigation lawyer in the state where the will would be offered for probate and go over your facts as well as the specific law of that jurisdiction.

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  • My wife had a c section and her colon ended with a perforation, which required a second surgery. Was this a med malpractice?

    Two days after been sent home from initial c section, we had to go back to the ER as her belly was very inflamated and with a lot of pain. After two days of analysis (xray, ctscan, etc) nothing was found, however it was speculated that there could...

    Joseph’s Answer

    It certainly would be worth your while to consult with a medical malpractice attorney. They are generaly happy to give free consultations. Don't be surprised if they tell you that hte injury is a risk of the procedure and/or not serious enough to justify the risk and expense of a lawsuit. However, the devil is in the details, and there is no way to evaluate a case just based on a brief question to Avvo.

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  • Can I sue for lost medical records?

    I became suspicious of my former doctors treatment of me in March of this year. When I requested my records I was only given surgical records and records from 2013. All the treatments in question took place from October 2011 through late 2012. All...

    Joseph’s Answer

    Destroying your medical records is not somethig you can sue for in itself. But if you have some proof of malpractice and you can show that the doctor failed to produce some records that might help prove your case, that is called spoliation and it can be a big advantage to your case. I caution you, however, you must not comtemplate for a minute filing a malpractice lawsuit without expert legal representation. If you try to file without a lawyer you will surely lose. Contact a medical malpractice lawyer without delay. The statute of limitations for medical malpractice in NY is only 2 1/2 years from the date of the malpractice. Continuous treatment may extend the statute, but you can't count on that.

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  • Do I have a malpractice lawsuit? I have 3 good lawsuits. A drug company, a doctor, and a hospital.

    August 8, 2014, I started on a biologic injection TNF(Tumor Necrosis Factor) Blocker Adalimumab Humira. I had major side affects! I went into a coma on August 15, 2014, I had a near death experience, had pneumonia, running a fever, misdiagnosed, a...

    Joseph’s Answer

    You seem to have some serious injuries, but you are in no position to know whether you have any good lawsuits against anybody. Medical malpractice lawsuits are highly technical in nature and require investigation by a competent experienced attorney. Drug liability cases are, if anything, even harder. Contact a medical malpractice lawyer in your area. They are happy to give free consultations.

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  • NY Estate Law Attorney billing disputes of $75,000: Should request to review, fix legal fees go to Surrogate Court?

    Four heirs won will contest but attorneys are refusing to be paid thru us. Instead want a 49% fee and want to take it by forcing us to obtain a mortgage out on the apartment building in Manhattan (mortgage free) that was part of the inheritance fo...

    Joseph’s Answer

    The Surrogate's Court clerks are knowledgable and in general, the Surogate's Court has jurisdiction over attorneys fees for services rendered in that court. But that's a general answer and it may not apply in the circumstances of a particular case. No lawyer can give a good answer to this question without sitting down with the clients and reviewing some files, especially the retainer agreement and the decree or settlement agreement that ended the litigation in favor of the heirs.

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  • My siblings r forcing me 2 cash out a Series EE Saving Bond my mom left 4 me w/ POD & my name & split it with them Do I have 2?

    My Mom died & left me this Saving Bond with POD & my name. Am I legally obligated 2 cash it in & split it with them? Or can I keep it until it expires & keep the money for whatever I want?

    Joseph’s Answer

    • Selected as best answer

    If it's payable on death, it's yours now. You can do whatever you want with it. If your mother wanted you to share the money, you might consider doing so, but you have no legal obligation.

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  • Lawyer practicing when disbarred

    Lawyer practicing when disbarred in Trenton new jersey .

    Joseph’s Answer

    It's a crime. If you are sure about this, you should report this person to the grievance committee immediately. They will know what to do.

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  • Do I need an attorney (personal injury or other type) because of this on-the-job accident? (it's someone else's fault)

    I valet cars for a living. Recently, a person dropped their car off with my supervisor and I and asked us to valet it. This person failed to inform my supervisor or I that their vehicle was specially designed for a handicapped person to operate. 1...

    Joseph’s Answer

    You can't sue your employer for an on the job injury. You could in theory sue the owner of the car. Tell your employer you want to file a workers compensation claim. It doesn't seem like a serious enough injury to justify a lawsuit or an attorney for a compensation claim.

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  • Questions regarding consumer rights towards a infant product that caused severe injuries?

    My 8 month old son was safely sleeping in his crib whilst my husband and I were asleep. Suddenly my child is screaming bloody murder, and panicked we rushed to his crib, and found his leg was caught in between the side rails. Devastated, we called...

    Joseph’s Answer

    Contact a products liability lawyer. They are happy to answerr questions over the phone, and if your son seems to have a strong case, they will take it on a contingency fee basis.

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  • Can I sue my Obgyn for neglect?

    I am 23 weeks pregnant and gestationa diabetes runs in the family and my doctor won't test me until 28 weeks or later. I also don't know how my baby is developing because they have failed to give me an ultrasound or exam since the beginning of Aug...

    Joseph’s Answer

    I will go out on a limb and guess that you don't have very good health insurance and can't afford to find a place where they will do an ultrasound for cash. If money and insurance are the problem, you can look for another doctor who will provide a higher level of care, or you can accept what the present doctor is are doing for you. A malpractice lawyer can't help you unless somebody is injured. As far as gestational diabetes is concerned, there are many good resources on line where you can find out when testing is recommended. I suspect that 23 weeks is early for such testing.

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