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Mark Richard Gaertner
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Mark Gaertner’s Answers

72 total


  • What Can I do? How do I find the actual will drawn up after so many years?

    Grandmother had will and testament drawn up by a now deceased attorney-Benjamin Lewis. Grandson lived with her on her property. He went to prison. Grandmother had permanent restraining order against stepson (?) stepson filed a qiuck writ ( forged ...

    Mark’s Answer

    If the State Bar Association cannot tell you who took over the files of Benjamin Lewis, do a google search to try and find a firm he worked for or someone who may have information to locate his files. Or, find his obituary and contact family members.

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  • Question about property belonging to the deceased.

    So my father died 17 years ago in December and he had no will or living will. He had a 1976 Pontiac Firebird that my grandmother claimed for my brother but my brother has no interest in it and has let it fall to rust and let the registration lap. ...

    Mark’s Answer

    If your brother has no interest in the car, offer to take it off his hands. He may not even want the car. Any legal battle will cost more than what the car is worth.

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  • What should I do if I am served with papers from a personal injury lawyer about something that happened almost 3 years ago?

    Our neighbors daughter was burned on our grill (that was on our own private patio) almost 3 years ago because they weren't paying attention to her. The landlord recently gave them a 30 day notice to vacate their house and they are putting the blam...

    Mark’s Answer

    Your insurance company will hire a lawyer to represent you.

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  • Am I required to be deposed at the date and time and for an unlimited time of their choosing?

    I have filed a data practices challenge about data being held by a City that is not accurate and is damaging my reputation and employability. I had a pre-hearing conference at which the judge referred us back to mediation. The City is now sendin...

    Mark’s Answer

    Call the lawyer and work out a mutually convenient time for the deposition. If that does not work, make sure you have a good reason for not being available for the date and time set for your deposition. The deposition may be scheduled for a few hours but that does not mean it will last that long. The duration is often determined by the answers given during the deposition.

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  • Who does a dock belong to, the stepmother, or the children?

    A lake cabin in MN is willed solely to three children, as the father passes away. The property contains an aluminum boat dock, which gets wheeled out of the water every winter, and stored on the cabin premises. Is the boat dock reclaimable by the...

    Mark’s Answer

    In order to answer this question correctly, one would need to read the will. Be careful, depending on what the will says, stepmother may be entitled to more than just the dock.

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  • Does she have any rights To our insurance pay outs?

    My father passed away last week and had me and my sister named as beneficiaries. He has a divorce decree that he had to have life insurance for my moms remaining alimony. That life insurance was if he got killed at any plant he was working at so n...

    Mark’s Answer

    It appears your Dad was required to have an accidental death policy, a policy that pays if your Dad dies as a result of an accident as defined in the policy. If he did not die as a result of an accident, the language in the divorce decree regarding accidental life insurance requirement would be irrelevant. If you believe there will be issues, I suggest you have a lawyer guide you through the process. The money paid for the lawyer may save you a lot of time and money in the long run..

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  • What legal papers do I need to get this taken care of? Living will or living trust or some other legal documents?

    I'm single living with my girlfriend. House and mortgage is legally in my name, I have a life insurance policy to pay it off and cover other expenses when I pass. What do I need to do to make the house hers when I pass. I've gave my adult son inst...

    Mark’s Answer

    You can accomplish your goals fairly easily. However, you do not get a second chance if it is not done correctly. Based upon the information provided, I recommend a will and a transfer on death deed. Other documents to consider are a health care directive and power of attorney. In addition, you should examine your beneficiaries listed for the life insurance and any other assets where you have listed beneficiaries.

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  • Do I have a case?

    I fell in an apartment complex parking lot, I am in Minnesota and the ice was really thick from being so cold. When i fell my knee popped and i went to the emergency room, it is not broken but there is some kind of tear in my knee, I am seeing an ...

    Mark’s Answer

    There are many different factors that are considered in deciding if you have a case worth pursuing. Lawyers use different thresholds in evaluating slip and fall cases. If you are turned down by a lawyer, call another one. Make sure you take pictures of the area where you fell.

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  • What should I be settling for and or how much is a decent amount to accept?

    Well I was involved in a car accident and my son was driving...A Semi truck driver ran a red light and hit us causing our car to flip and hit a pedestrian and a light pole..the car we was driving was not insured and it was totally wrecked..by the ...

    Mark’s Answer

    We have people call us and ask us to evaluate their claims. It never fails that the offer is much less than the case is worth. Lawyers will evaluate your case for no charge and often will do some type of modified contingency if you decide to retain them and already have an offer on your case.

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  • My deceased mother preceded her father in death. Will was written after her death. Are her children entitled to her portion?

    Deceased parent is not listed specifically in fathers will dated after her death but after listing the surviving children's names it states detail about children preceding him in death.: if any children or stepchildren of mine shall predecease me,...

    Mark’s Answer

    Based upon the language you cited, you may be entitled to a portion of the estate. The whole document needs to be reviewed.

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