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C.B. Upton

C.B. Upton’s Answers

3 total

  • How can 1/3 sibling be appointed Trust of family property, when there isn't a trust?

    Partition suit by 1/3 sibling. And 2/3 sibling wants to remain in property. Her attorney has given false information to Judge and the Judge has ordered property to sell. Time is running out and sister has locked is out of the property. And, we can...

    C.B.’s Answer

    If time is of the essence, you need to retain an attorney ASAP to review your case and protect whatever rights you may have. It is hard to tell exactly what options you may have from your question, but a local attorney should be able to help. Good luck.

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  • How do I find an attorney to take a case regarding a psychologist`s practice issue?

    We have a custody case going on whereby child`s mother has temporary custody. Child has been seeing a psychologist. Psychologist made a recommendation to the court for supervised visitations for father. This recommendation was made by psychologis...

    C.B.’s Answer

    I am sorry to hear about this situation. You very well may have a case, but you will need to discuss the matter in greater detail with an attorney to know for sure. Most attorneys will provide you with a free consultation. It may be difficult to find someone that has encountered this exact issue, but a good litigation or medical malpractice attorney should be able to help.

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  • What is the standard or average fee to litigate a probate case in FL?

    Complication: the executor named in the will will need to be replaced. She stole Mom's assets (up to four million) in the last years of Mom's life, which is likely why she did not have the estate probated in the first place. Further opportunities...

    C.B.’s Answer

    Removing an executor is a difficult but not impossible task. But even if you cannot remove the executor, you may still have a claim for breach of fiduciary duty against that person. Depending on the size of the claim and a further review of the case, a contingency fee might be appropriate. Or you could discuss the benefits of a flat fee versus an hourly rate. Further, it might be possible to recoup some of these fees from the executor if you prevail.

    The other issues you raise, claims against your mother's attorney and lender, would be separate actions, and are the types of cases that might be handled on a contingency fee.

    Another important question: Where do the other beneficiaries stand on suing the executor?

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