Archived
If the testator didn't make a clear intent on a specific gift how can the beneficiary contest the will?
Joseph's answer
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Answered on July 18, 2012
When a will is offered for probate the named beneficiaries as well as the potential intestate heirs (if they have been cut out of the will) have to...
Archived
My sister recently died being only name on mortgage. How do we sell her house so kids might get some money in trust?
Joseph's answer
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Answered on July 17, 2012
I am sorry you lost your sister. The relevant question is not only whose name is on the mortgage, but also whose name is on the deed. The other...
Archived
Can an attny already hired ,at a stated amnt increase their rates double because of 'extra' paperwork?
Joseph's answer
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Answered on July 17, 2012
Ordinarily, the retainer is not the fee. The retainer is an advance on the fee. In matrimonial cases, fees are generally based on an hourly rate....
What are some of the pros and cons of changing attorneys in the middle of your case?
Joseph's answer
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Answered on July 16, 2012
There are usually more cons. A new lawyer will need to get up to speed in the case. If it's a complicated case, that's time consuming and it can...
Archived
I need a personal injury attorney experienced in FTCA
Joseph's answer
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Answered on July 16, 2012
If you find a lawyer who tries to charge you more than 25% in an FTCA case, go elsewhere. Federal law limits fees in FTCA cases to 20% in claim,...
Archived
Is it normal to have a large blister following a total knee replacement surgery?
Joseph's answer
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Answered on July 16, 2012
I agree with Mr. Fink, that you should consult with a medical malpractice lawyer in your state, sooner the better. Such consultations are generally...
Archived
Are Fed/State taxes paid from estate assets & remaining assets distributed as per the will or are beneficiary values taxed
Joseph's answer
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Answered on July 16, 2012
Generally, but not always, the Will instructs how estate taxes are to be paid. Most commonly, they are paid "off the top" , then specific bequests...
Archived
What do I do if the Office of the Disciplinary Counsel refused to answer or respond to a complaint I filed against my attorney
Joseph's answer
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Answered on July 16, 2012
Pick up the telephone and ask to speak to the lawyer assigned to the matter.
Can I file a pro se legal malpractice claim against an attorney without first getting a Ceritificate of Merit?
Joseph's answer
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Answered on July 16, 2012
Your question as posted is incomprehensible. Do not try to represent yourself, especially in a legal malpractice case. If you can't find counsel to...
Archived
Who gets paid first in this situation: a lender or a plaintiff with a successful wrongful death lawsuit?
Joseph's answer
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Answered on July 16, 2012
Find out if they have insurance for the potential claim. That may solve the problem. If insurance can't cover the loss, a judgment for wrongful...
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