Archived
What rights do we have for father who died from multiple organ failure due to c diff but was originally admitted for aneurysm?
Joseph's answer
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Answered on March 08, 2013
I am sorry for what your father went through. He apparently had some serious preexisting health problems, and a very complex course in the...
Archived
I had a total knee replacement Oct 2010. Misalignment of the lower joint caused range of motion 3 degrees from full extension.
Joseph's answer
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Answered on March 08, 2013
Putting the SOL issue aside, the injury is probably not severe enough to justify a lawsuit. You can ceratinly run the situation by a couple of...
What happens to an estate if one spouse dies and the other signed a prenup?
Joseph's answer
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Answered on March 08, 2013
Mr. Zelinger gives good practical advice. In general, the law favors prenups, but a lawyer would need to review it to see if your interests are...
Archived
Husband no living - wife no will - his brothers do they get anything from this
Joseph's answer
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Answered on March 08, 2013
In the US, if the house was in the husband's name, will or no will, it goes to the wife when he dies. I see you are posting from PR. If that's...
Archived
Can a Defendant (State of Mich.) with an attorney contact the plaintiffs' attorneys w/o telling their attorney? I'm a Plaintiff
Joseph's answer
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Answered on March 08, 2013
The prohibition is against a lawyer contacting an opposing party who is represented, not against a party contacting the adversary's lawyer. The...
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Archived
Are lawyers allowed to ask client to pay for his time/fees if and when the client and attorney get into a dispute concerning fee
Joseph's answer
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Answered on March 08, 2013
I have read your exchange with Mr. Smollens with interest. He misses one important point. Under New York law, if a contract provides that one side...
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Archived
My sister died without a will-both parents dead-no other siblings-nephew wants to be administrator-who decides distribution
Joseph's answer
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Answered on March 08, 2013
Descent and distribution is set by law when there is no Will. It can get complicated. If the nephew is your sister's only child and your nephew, he...
Archived
Can someone request letter of administration in new york even though he is in another state?
Joseph's answer
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Answered on March 08, 2013
Assuming your father is a US citizen, he can petition for letters in the county where his brother resided. He does not have to appear in court...
Archived
Can the executor (family friend) show my sister and I our father's will before probate? She is refusing.
Joseph's answer
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Answered on March 08, 2013
Hire a probate lawyer in the county where your folks resided. You can petition the court to have letters issued to you and cite the nominated...
Archived
Do I need to refile waivers of process in Surrogate's Court?
Joseph's answer
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Answered on March 08, 2013
If you are in Surrogate's Court in any borough of New York City, you are at the mercy of the clerks, and their decisions may seem very arbitrary....
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