Archived
Is it ethical or unlawful for an atty to plan an estate for a parent and name himself trustee, executor, and sole beneficiary?
Joseph's answer
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Answered on October 09, 2013
It is a bad idea for an attorney to be involved in drafting an estate plan of which he or she is a beneficiary. In New York it gives rise to a...
Archived
My father was over my grandfathers estate but has passed away before estate was closed. who handles it now and makes decisions.
Joseph's answer
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Answered on October 08, 2013
You need to make an application to the court to become the substiitute executor of your grandfather's estate. It's a good idea for a Will to...
Archived
What should I do to get the lawsuit started?
Joseph's answer
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Answered on October 08, 2013
It seems you may have the makings of a decent defamation suit but it may not make economic sense to pursue it. You can't handle it without a...
Fell at Walmart (Virginia) and hurt knee, result left patella nondisplaced fracture but accident happened since June and now oct
Joseph's answer
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Answered on October 08, 2013
If you try to adjust a personal injury claim without a good lawyer representing you, the defendant or their insurance company will take advantage...
Archived
Is prescribing addictive narcotics to an admitted alcoholic and drug abuser a case of malpractice?
Joseph's answer
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Answered on October 08, 2013
It's not malpractice unless it harms the patient. If the patient should come to harm, it would most likely still be a tough case. Psychiatrists...
Archived
I was listed on a cd my mother had and she has now passed away are there ant tax implications for me ?
Joseph's answer
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Answered on October 08, 2013
Whether there are any tax consequences depends on the total assets of the estate, including the CD and any other non-probate assets. The nominated...
Archived
If you have a very large case, and the other sides attorneys that have been working against you are released, can I hire him.
Joseph's answer
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Answered on October 08, 2013
The idea of hiring an attorney who worked for the other side is a non starter. You are the client, so it's not unethical for you to ask. But it...
Archived
I hired a civil attorney last August for an estates dispute- do I have to PAY him if I decide to go with another lawyer??!
Joseph's answer
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Answered on October 07, 2013
You terminate your current lawyer by sending him a letter. You had better make sure you have a replacement lawyer on board first. Uour new lawyer...
Archived
Is it illegal for a dr to add a history of copd to a patients medical records if no test was ever run to diagnose copd?
Joseph's answer
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Answered on October 07, 2013
No it is not illegal. It is entirely possible for a doctor to make a diagnosis based on examination and medical history without sophisticated...
Archived
As the court appointed Administrator, or Executor of my husbands estate do I have to pay an Estate Tax?
Joseph's answer
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Answered on October 06, 2013
Any competent CPA or probate attorney can explain estate taxes to you. If in fact the net estate is $210,000, in NY there will be no estate tax...
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