Is the appointment of Administrator Ad Prosequendum a prerequisite to filing a wrongful death action in NJ ?
Joseph's answer
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Answered on March 03, 2014
It is very easy to find out. Ask for a copy of the complaint or get it from the court clerk where th action was filed. It will state the capacity...
Archived
Can I get paid for being an executor at my parents a state
Joseph's answer
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Answered on March 03, 2014
It depends on what the Will says. Executors are compensated by commission, a percentage of the probate estates set by law. It is very common when...
Archived
My personal injury case settled. When will I get my money?
Joseph's answer
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Answered on March 02, 2014
If it took less than three weks for the check to be delivered to your attorney after the settlement, that is fast. Most lawyers wait at least 7...
Archived
Is there a way out of probate.
Joseph's answer
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Answered on March 02, 2014
You question is so vague and so loaded with tough legal questions that you have no alternative but to consult with a lawyer. You really can't...
Archived
For an undue influence case isn't it really on the defendants to prove that they did not do undue influence?
Joseph's answer
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Answered on March 02, 2014
The burden of proof in an undue influence case depends on the relationship. For example, if a fiduciary like a lawyer is given money by a client,...
In New York State, is a retainer required for a personal injury case? Thank you.
Joseph's answer
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Answered on March 01, 2014
Yes, a written retainer is required and maximum fees are set by law in NY. The lawful and customary fee for a regular personal injury case is 1/3...
Archived
Can a dispute concerning time line of taking ownership to a inheritance property be done by objection during the probate process
Joseph's answer
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Answered on March 01, 2014
A lease is an interest in real property. If your mother gave your brother a valid lease for a year after her death, she could not (validly) later...
Archived
Can I contest a will and what is being done by my dad who has been very elusive in his role as the executor of the estate?
Joseph's answer
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Answered on March 01, 2014
Contesting a will is a very difficult and expensive process. You may believe your grandfather was forced to change his will, but proving such a...
Archived
Do savings accounts have to be honored when one bank swallows up another?
Joseph's answer
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Answered on March 01, 2014
If this account has been untouched for over 30 years the money has most likely been turned over to the state. Most if not all states have abandoned...
Archived
Does adding daughter on the deed for refinancing purpose affects mothers Will?How is the house divided by heirs after her death?
Joseph's answer
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Answered on March 01, 2014
Only the owner can add another person to the deed. How the deed is written dictates who owns the property after one of the owners dies. The deed...
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