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Shea Braden Maliszewski

Shea Maliszewski’s Answers

13 total


  • I had asked about litigation for my daughter who was 6 when accused of purposely cutting a child in school and I needed to add

    i I needed to add that the boy that was cut said it was an accident and that was never talked about anymore. The school leader got her expelled and we had not been informed as parents of our rights. when would the statute of limitations start? for...

    Shea’s Answer

    You have a wide range of issues and facts involved in this matter, I would recommend contacting an attorney for a consultation. Probably a good idea to start with a general practitioner. Good luck.

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  • Creditor Claims

    I am the P.R. of an estate. open in the probate court. The only creditor who filed a claim within 4 months was a life-flight helicopter. The claim was worth $60,700. The estate doesn't have any money. There's no houses, no bank account, nothin...

    Shea’s Answer

    If the estate has no funds to pay the creditor, and you do not expect any funds to come in from any other claims (for example, a wrongful death lawsuit) then you should be able to file a final accounting and close the estate. If the clerk releases you as Personal Representative of the estate, their is nothing more that you could do under the circumstances described above.

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  • Is a defendant's statement relevant in a case in which he was read the wrong elements/jury instructions pertaining to the crime?

    My brother has been awarded an evidentiary hearing to present evidence of a procedural error and violation of his constitutional rights for having been read the "sexual contact" element when the element he was supposed to be read was for "sexual i...

    Shea’s Answer

    In order for your brother to win, he will likely have to show that the jury instructions were wrong AND because of the error it prejudiced his case and the outcome would have been different had the procedural violation not occurred. Based on the facts above, if your brother admitted having sexual intercourse and the jury instructions stated "sexual contact" he would have a difficult time convincing an appellate court the outcome of the trial would have been different had the proper jury instructions been read. However, the appellate court could rule that the procedural error was so egregious that justice demands a new trial. Either way, if your brother is facing significant time in jail/prison he would want to appeal any procedural error. Take as many bites of the apple as he can get.

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  • What qualifications do you need to be appointed administor over family estate

    probate judge appointed my brother administrator and was given 6 months to finalize my mothers estate but he didnt so the probate judge appointed a county administrator and now she is withdrawing from the case.

    Shea’s Answer

    Based on your questions, I am assuming your mother did not have a will. As an heir, you should be able to apply to be appointed as administrator. It may be as simple as going down to the probate office and speaking with a clerk who will instruct you on the proper forms that are required to apply as an administrator. Start with the clerk.

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  • With 3 equal heirs to a residential real estate property, can one force the sale of division? What are the steps?

    Property had an appraisal in 2013 at time of inheritance. Three equal heirs. One refuses to participate in the ongoing upkeep of the property and want to force sale of division. The other two cannot afford to buy out third party but are working ...

    Shea’s Answer

    The party wanting to sell the property may indeed file a court action and ask a court to order the sale of the property and the proceeds of that sale divided. This is a costly process. However, if the costs of "upkeep" are well documented then it is likely a court would award the other two heirs a credit for those costs so that they may recoup those expenses. Your question is commonly referred to as a "partition in kind", and I would seek an attorney with experience in such legal actions.

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  • Durable Power of Attorney: can it be revoked?

    I have a durable power of attorney for sister who is not capable of making the right decisions. Her nephew is taking advantage of her for financial gain for himself. My sister's on medicare and if she was to receive any money she will removed from...

    Shea’s Answer

    Can you clarify whether you have power of attorney over your sister, or is she listed as a power of attorney for you?

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  • Will her daughter have right to the house after 5 yrs after her mother passed away?

    My father wife passed in 2009. The house they lived in became his property. My father just passed 5/6. He than re-wrote his late will in 2010 leaving my sister and myself the rights to the house. On 7/17 a cerified letter from a lawyer that is...

    Shea’s Answer

    Your question is difficult to understand, but a lot depends on whether your father and your father's wife (who passed in 2009) owned the house as joint tenants with rights of survivorship and/or what was written in your father's wife's will when she passed in 2009. Either way, the answer to your question is very fact specific...probably best to see an attorney.

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  • SMALL ESTATES - USE OF AFFIDAVIT OF COLLECTION IN HAWAII-When they say total assets not to exceed $100,000.

    SMALL ESTATES - USE OF AFFIDAVIT OF COLLECTION IN HAWAII-When they say total assets not to exceed $100,000, does the total assets of the estate to include money from accounts and insurance benefits where there has been a designated benifciary alre...

    Shea’s Answer

    You have complex question with a complex set of facts. I am comfortable in saying that in your situation paying a local attorney to review your case is the only way to get a proper answer.

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  • How much should it cost for a simple will?

    my friend is looking for someone to do his and his wife`s wills and does not have alot of money

    Shea’s Answer

    I would recommend calling an estate planning attorney who practices in your friend's hometown. Estate planning attorneys, in general, charge between $200 to $700 per will. However, depending on the estate planning attorney's experience and area of expertise an attorney may charge upwards of $1,500 per will. Again, have your friend call an attorney and ask that question directly.

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  • Should the paperwork for a motion to modify custody be sent with the Notice of Hearing to the defendant?

    I am filing out a form to modify custody and would like to know if that form has to be sent with the Notice of Hearing that I have to send to my ex-wife.

    Shea’s Answer

    Your question depends on whether or not you have submitted a calendar request and have been given a certain date by the family court administrator for the judge who is handling your matter. So, did you submit a calendar request? If no, then no reason to file a notice of hearing.

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