Mark Michael Campanella’s Answers

I hate saying it, but the three of you should have gone to an attorney in the first place. I am not a big fan of these one stop shops who will set you up with a loaded gun and absolutely no instruction on how to use it. That's exactly what happened here, If you want out of this LLC, Legalzoom isn't who you need to turn to - it's a local attorney with business counseling experience who can guide you through what needs to be done.

You can, but I would NEVER advise doing so. Given that this is a motor vehicle accident, you'd want the expertise an attorney brings to the table to navigate not only the no fault laws, but the discovery and motions that will follow. That contingent fee might seem like a lot at first, but it is well worth the investment in a good personal injurt attorney.

Since the IME didn't take place until mid November, it's production isn't terribly untimely. It's not unheard of that examining physicians take their sweet time producing these reports, and can take 2-3 months to produce, especially if defendant's counsel has seen an advance copy of it and has suggested or requested certain language be added/changed.

You're unfortunately leaving out part of the equation. Did your mother die with a will in place or intestate? It sounds like you might be making assumptions about what rights you and your siblings have to the property. How and to whom the property passes will greatly affect the answer. Please provide some additional detail.

The first thing that needs to be determined is whether he died intestate or not. If he had a will, the will needs to be located in order to determine who is the executor. If he died intestate (without a will), there is no executor, but an administrator that gets appointed. Taking a step back, depending on the size of the estate and whether the assets where jointly or individually owned, probate or an administration may not be necessary. You should consult with a local attorney who practices...

Yes, multiple creditors can attempt to collect against you at the same time in differing manners.

Assuming all you have suffered is property damage (i.e., no physical injuries), small claims will be the most cost efficient way to try and recover against the other driver. Even if you get a judgment, however, given the fact that the driver failed to carry any insurance, there might be a question of your ability to ultimately recover.

It's impossible to answer your question without more details concerning the nature and severity of your injuries, your limitations, time out of work, impact on your life, etc. You need to speak with an attorney in your area concerning the specifics of your case, as case values not only depend on all of the above and more, but also your locale.

The answer will depend on a number of factors, but the most critical are the size of the estate and whether they are jointly or separately owned as my colleagues suggest. It's best to consult with local counsel to determine whether probate is necessary in your case.

I concur with everything my colleagues have said. I would add one sidenote, however, relative to the expense of forming one. Unlike some other jurisdictions, LLCs in New York have publication requirements. Depending on where you are located, this could significant increase the cost of forming an LLC. It's certainly not a determinative factor, and LLCs are still my model of preference for real estate, but it's something to be aware of.