Archived
How much of a retainer would you need to consider filing suit on the behest of the client in malpractice?
Joseph's answer
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Answered on March 24, 2013
My philosophy is that if a malpractice case is not worth doing on a contingency it's not worth doing at all. Depending on complexity, time and...
Archived
Is a partition ruling needed to sell a house with several minors are co-owners?
real estate, title transfer
Joseph's answer
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Answered on March 23, 2013
The courts are very careful about protecting the interests of minors. The title company is interested in protecting the seller from people coming...
Archived
Tax on settlement
Joseph's answer
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Answered on March 21, 2013
Proceeds of a claim for personal injury for wrongful death or personal injury are not taxable to the recipient. If your mother receives very large...
Selected as the best answer
Archived
Is New York a pure comparative negligence state. If this is the case, a pedestrian jaywalking and goes in between parked cars,
Joseph's answer
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Answered on March 21, 2013
NY is a comparative negligence state, but sometimes when a pedestrian walks in front of a car without any warning, the driver can defeat the claim...
Archived
Can only living child dictate what can be done with Mother's estate?
Joseph's answer
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Answered on March 21, 2013
If the son is not the court appointed legal representative and his name is not on the deed, he has no legal rights to the house. He has to go to...
Archived
Need information before I hire an attorney.
Joseph's answer
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Answered on March 21, 2013
You can make any deal you want with your lawyer, but at the end of the day you are going to have to pay for time in some manner. Since you are...
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Archived
My father just passed away, but his trust documents can't be found and we don't know who the attorney was.
Joseph's answer
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Answered on March 21, 2013
This must have been a self-directed inter vivos trust, or he could not have removed the house from the trust. You are going to have to go through...
Archived
Does the will trump in a wrongful death case?
Joseph's answer
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Answered on March 20, 2013
The Will controls that portion of the recovery for pain and suffering that goes through the estate. The death claim belongs to the survivors. As...
Archived
My mother past away 10 years ago, intestate. The 2 who lived in the home then are still living there and have changed nothing.
Joseph's answer
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Answered on March 20, 2013
Whether there was a Will or not, quite a bit of paperwork will be required. You will need to decide whether the value of the house justifies the...
Archived
D.P.T. left me too long, unattended with icepack unprotected from skin. Caused 2nd degre burns . can i sue her
Joseph's answer
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Answered on March 20, 2013
The expense and time involved in a malpractice lawsuit for this type of injury would probably be out of proportion to any possible recovery....
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