Archived
My attorney failed to negotiate an IRA Rollover for a settlement and now I face a big tax bill. Is this possible malpractice?
Joseph's answer
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Answered on September 10, 2013
Mr. Rothstein is correct that unless you can show that both sides would have agreed to the type of settlement you wish you had gotten, there is no...
Archived
Do I have a malpractice case?
Joseph's answer
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Answered on September 10, 2013
I am sorry for your loss. You can consult with a medical malpractice lawyer, but even if there was substandard medical care, it is unlikely that a...
Archived
Is there a time limit to start a probate in NY for the natural heir (no valid will exists)?
Joseph's answer
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Answered on September 10, 2013
There is no time limit on when a proceeding can be filed in Surrogate's Court in NY. The person making the application just submits an affidavit to...
Archived
Can I sue the makers of mirena?
Joseph's answer
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Answered on September 09, 2013
Medical devices claims are generally handled by attorneys who represent large numbers of plaintiffs. These cases are too expensive and complex for...
Archived
If a family member files papers with an attorney ,to be an administrator to settle an estate should other family members
Joseph's answer
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Answered on September 09, 2013
If they trust the person making the application, sure. If they don't, they should consult with an attorney to discuss their options.
Archived
How long does a Petition Of Executor take to process. I am the executor of my moms estate and filed 5 weeks ago thru my lawyers
Joseph's answer
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Answered on September 09, 2013
There is a new Surrogate in Queens and things are moving along better there now. Leave this in the hands of your lawyers. I am sure they would like...
Can a convicted felon serve as a financial trustee or executor in New York State?
Joseph's answer
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Answered on September 09, 2013
Your relative can change her Will without telling her son. That gets rid of him as executor- although a convicted felon is not eligible to serve as...
Archived
Can you tell me once a last will and testament is completed is it required that it be filed in the state and county that the
Joseph's answer
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Answered on September 09, 2013
A Will can be filed before the person who made it died, but that is unusual, at least in NY where I practice. Other states may have different...
Archived
My full name along with LIES have been published in a memoir. These false statements hurt my reputation. Can I sue?
Joseph's answer
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Answered on September 09, 2013
Defamation consists of publishing false statements that damage another person's reputation. Your question contains all the elements. You can sue ,...
Archived
How to clarify ownership of a company in Delaware during probate when the potential owner died?
Joseph's answer
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Answered on September 09, 2013
The heir needs to file for letters of administration where the deceased person resided and then commence a proceeding to compel the partner to turn...
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