Michael John Faehner's Answers

What I can do if the lawyer after receiving retainer fee is doing nothing?

I would suggest contacting the Florida Bar's Attorney Consumer Assistance Program (ACAP). ACAP is the department that handles client complaints and even can resolve some problems before a complaint is filed. Call the ACAP Hotline - 866/352-0707. Since your attorney is not returning your call, ACAP can call or write your lawyer and ask your lawyer to contact you and ask that your lawyer provide you an update on the status of the case by letter or via telephone. If this doesnt work, I...

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FL Foreclosure, lives in NY

Here is some information on a massive pro bono program that the Florida Bar has spearheaded that you may want to look into. Below is the information about the program called Florida Attorneys Saving Homes. Good luck with it! In a massive effort to assist Floridians fight back against the foreclosure crisis that has the state ranked No. 2 in the nation, The Florida Bar, The Florida Bar Foundation, Florida Legal Services Inc. and the Real Property Probate and Trust Law Section of The Florida...

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FLORIDA FORECLOSURE

Here is some information on a massive pro bono program that the Florida Bar has spearheaded that you may want to look into. Below is the information about the program called Florida Attorneys Saving Homes. Good luck with it! In a massive effort to assist Floridians fight back against the foreclosure crisis that has the state ranked No. 2 in the nation, The Florida Bar, The Florida Bar Foundation, Florida Legal Services Inc. and the Real Property Probate and Trust Law Section of The Florida...

1 person marked this answer as helpful

Paid 50% of my requested legal fee, but cannot get a return call or and communication with my lawyer. What do I do?

I would suggest contacting the Florida Bar's Attorney Consumer Assistance Program (ACAP). ACAP is the department that handles client complaints and even can resolve some problems before a complaint is filed. Call the ACAP Hotline - 866/352-0707. Since your attorney is not returning your call, ACAP can call or write your lawyer and ask your lawyer to contact you and ask that your lawyer provide you an update on the status of the case by letter or via telephone. If this doesnt work, I would...

What is the cost of a simple will?

As an estate planning attorney in Pinellas County, I always like to talk to the client before quoting a price since the perception of what a simple will differs from one person to another. Our goal is to customize the estate plan to fit the wants and needs of our clients. With that, I would be more than happy to talk to you and ask a few questions to give you a better sense as to the cost. Thanks. Michael J. Faehner, Esquire M. Faehner, Esq., LLC 2380 Drew Street, Suite 4...

In Pinellas County, FL, where there is a will and a PR, is an attorney necessary?

Yes you will need to have an attorney represent and open the estate. Its one of the few exceptions in Florida law that an attorney is mandatory for an estate. The exception to this exception though is for smaller estates and your case based upon the information that you have given would not fit one of the exceptions. Thanks Michael J. Faehner, Esquire M. Faehner, Esq., LLC 2380 Drew Street, Suite 4 Clearwater, Florida 33765 (727) 443-5190 Tel (727) 474-9949 Fax mfaehner@...

Does a Living Will and Last Will and Testament have to be filed in a court to be legal?

There is no legal requirement that a living will be filed with any court for it to be legal and be honored as a binding last request of the maker of the living will. As for the last will and testament, upon death, the original will must be submitted for the will to be probated. Thanks Michael J. Faehner, Esquire M. Faehner, Esq., LLC 2380 Drew Street, Suite 4 Clearwater, Florida 33765 (727) 443-5190 Tel (727) 474-9949 Fax mfaehner@mfaehner.com

Does my mom have to get a new will made in the state that she is living in.

Due to changes in circumstances and in time, the laws in the state of Florida and New York differ. I would strongly encourage you to have a Florida attorney review it and your associated estate planning documents to make sure that it still follows your wishes and is up to date as well. Good luck with it! Michael J. Faehner, J.D., LL.M. (Tax), Esq. Fisher & Sauls, P.A. 100 Second Avenue South, Ste. 701 St. Petersburg, FL 33701 727-822-2033 mfaehner@fishersauls.com

Charities

The enforceability of a charitable pledge depends upon what state that you are in. As a counsel for a few charitable organizations, I generally tell my clients not to pursue the enforcement unless there has been some significant reliance on the pledge by the charity. Furthermore, I think its bad practice to strong arm a donation out of a donor who really doesnt want to give and possibly lose that donor as a future donor.

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