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Marc J. Adesso

Marc Adesso’s Answers

4 total


    MY GRANDFATHER RAN AWAY FROM THE family HOMESTEAD WHEN HE Was a teenager we have documentation of relationship do we have rights tothe family fortune ?

    Marc’s Answer

    There is not enough information in this post to give you a good answer beyond the popular lawyer refrain 'it depends.'

    If I am reading your question correctly, it seems that someone has recently filed an application for probate administration of your grandfather's estate. In that case, a judge or probate register will have set a deadline by which all claims against the estate must be filed. Unless your claim falls under one of the exceptions listed in Wisconsin Statutes sec. 859(2), the deadline set by the judge or register is pretty much set in stone and the claim will be barred.

    Again, without more information it's hard to give you a more specific answer. My advice is to contact an experienced estate planning and probate attorney as soon as possible to evaluate whether or not you have a colorable claim.

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  • How should I go about getting a power of attorney?

    How expensive is it to go through a lawyer for medical power of attorney and durable power of attorney? Is there a website that is the best alternate choice to get both that is the most legally clear as well as affordable?

    Marc’s Answer

    There are also several fine programs, such as Wills for Heroes, that will help you to get an entire estate plan, including powers of attorney for little or no cost. Without knowing more about your your situation and reasons for wanting a power of attorney, it's hard to say whether you would fit into such a program or if you need an entire estate plan, not just the power of attorney. Overall, you should consult a competent attorney in your area so that you can explore all of your options and make an informed decision.

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  • How do I get out of business and partnership with my brother in law?

    We have two properties between the two of us and need to sell them or just sell my shares.. we can't be partners anymore...

    Marc’s Answer

    I agree that you should try to resolve this without litigation if possible. I also check your files to see if you had any written agreements between you, such as a partnership agreement or operating agreement, that would dictate the steps you'd previously agreed upon about a partner leaving the business or winding up the business.

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  • Should I sign a work contract with my attorney that details rates and responsibilities etc?

    I contacted an attorney about a lawsuit that was filed against us for failure to disclose during the sale of our house and he thinks he can help since the plaintiff has no case and we did nothing wrong. He outlined strategy, steps, rates, and loa...

    Marc’s Answer

    • Selected as best answer

    The ethical rules governing lawyers (specifically, SCR 20:1.5(b)) require that if the total cost of representation is greater than $1,000, then the purpose of any advance fee or retainer must be put in writing. Under the same rules, if the the total cost of representation is less than $1,000, then there is no requirement that the scope of representation be put in writing.

    So, without knowing all the facts involved (e.g., did the attorney say that handling the matter would cost less than $1,000?), it is hard to say for certain that this is totally crazy. However, in my experience, most attorneys put everything in writing even if they estimate the matter will cost less than $1,000. In this way, all parties involved can clearly see what has been agreed upon in writing and also so that there is no concern over violating the aforementioned ethical rules.

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