Joseph Jonathan Brophy's Answers (4068)

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What recourse does an Executor have when property willed to the executor and sibling..no deed transferring title has taken place

Joseph's answer | Answered on January 28, 2013

Your question does not say so, but I assume it is your brother who wanted to buy the house and now wants to back out. As executor you can decide...

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Who handles the estate property before a will is probated?

Joseph's answer | Answered on January 27, 2013

The nominated executor can generally get temporary letters while the probate of the will is pending. Since a disagreement seems to exist, you...

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How to prove damages in a defamation suit?

Joseph's answer | Answered on January 27, 2013

The devil is in the details. If you can show that after the defamatory material was published, you lost specific customers or your revenues dropped...

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Is a malpractice suit hard to prove? I had 3 back surgeries within a 18 month period leaving me with only 15% feelings on one

Joseph's answer | Answered on January 27, 2013

Medical malpractice cases are tough, and back surgery cases are among the toughest. One reason is that a substantial percentage of back surgeries...

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Hemo Dialysis patients as you know are prone to infections, she was independent, able to drive dress herself etc...

Joseph's answer | Answered on January 27, 2013

People on dialysis are very ill by definition and are susceptible to many complications of the treatment. That's not to say that they can't be...

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IS A FAMILY MEMBER STILL AN HEIR AFTER SELLING ALL OF HER INTEREST IN HEIR PROPERTY. THIS IS RE: OIL GAS MINERAL LEASES. PROPOS

Joseph's answer | Answered on January 27, 2013

OIl and gas leasing law is a very specialized area of practice and the laws vary from state to state. Moreover, any lawyer who would advise you...

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Can I list my Estate as the primary beneficiary on my 401(K), Pension, Insurance and IRAs plans and not list any contingents?

Joseph's answer | Answered on January 27, 2013

You do need an estate plan. You can't get specific answers on Avvo. The suggestion of a trust may be right for you, but that's just one option. You...

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Should I seek new legal counsel? (Slip & Fall with spine injury that required surgery).

Joseph's answer | Answered on January 26, 2013

You have an absolute right to change lawyers any time and for any reason, or no reason. However, such a choice comes with consequences. The present...

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Can I sue a doctor that diagnosed me wrong?

Joseph's answer | Answered on January 26, 2013

You had a bad experience, but I don't see damages that would justify calling a medical malpractice lawyer. If you had a disease and the doc didn't...

Archived

If a doctor lies to you about the effectiveness of a treatment, is that malpractice?

Joseph's answer | Answered on January 26, 2013

The oncologist wasn't lying, he was expressing his opinion. Most likely he wanted to help, but was going about it the wrong way. Your Mom made her...

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