Archived
NY- Former Will v Present Will: As Executor, do I have legal recourse against testator's former attorney?
Joseph's answer
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Answered on August 01, 2012
You are attempting to summarize a complex fact situation and I some facts are unclear to me. If I understand correctly, you are the executor, you...
Archived
Grandfather passed yrs ago. He often told Mom he would assure our inheritance from him. Grandmother passed 2mos. What to do now?
Joseph's answer
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Answered on August 01, 2012
You are looking at a possible will contest and that is generally a hard case to win, but the details are all important. There is no way anybody can...
Archived
If counsel for both parties have agreed that a judge knowing a witness is ok with them can the judge still recuse herself?
Joseph's answer
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Answered on August 01, 2012
Except in very rare instances, recusal is up to the discretion of the judge. She can recuse herself even if everybody agrees to let her sit, or...
Archived
I am in a middle of a probabe issue concerning my husband. His first wife's attorney is also her boyfriend. Is that a conflict?
Joseph's answer
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Answered on July 31, 2012
There is no conflict of interest. The rest of it is, as you say, very complicated and you are already represented by an attorney. You must rely...
Archived
What would be my next course of action if i had been defrauded by injury attorney and he is now disbarred?
Joseph's answer
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Answered on July 30, 2012
It depends on the nature of the fraud. If he stole money from you, the Fund for Client Protection may be able to help you. If you had a case that...
Archived
Good Manufacturing Practice Violations
Joseph's answer
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Answered on July 30, 2012
Of course it would. I hope this is not a real-life situation.
Archived
Can a will be contested because someone thinks they were short changed?
Joseph's answer
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Answered on July 30, 2012
Will contests are ugly, expensive, and to be avoided if possible. Most of them end up being settled at the end of the day. Unfortunately, the end...
Archived
I am a spouse dealing with deceased wife's probated assests. Can I ask probate court for release of some money to me?
Joseph's answer
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Answered on July 30, 2012
You would ask the legal representative of the estate (the administrator) for an advance from your wife's estate. Absent unusual circumstances, the...
Archived
I paid a lawyer 1000 dollars to get my husband shock probation do you think he will get it?
Joseph's answer
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Answered on July 30, 2012
This question came up as a probate question. Re post as a criminal law question if you like. But without any facts other than the fee you paid, I...
Archived
My former atty for a wrongful death lawsuit is now the atty for someone who is suing me for a pers inj in an MVA.Conflct of Int?
Joseph's answer
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Answered on July 29, 2012
It's insensitive, and not something I would do, but for the reasons Jeff Adams, gave, it's not a conflict of interest.
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