Archived
If the executor in a probate case sends an email out stating they are not going to take the fee is this binding?
Benjamin's answer
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Answered on October 08, 2012
I disagree that the executor under all circumstances will be entitled to a fee. If administration proceeded in reliance on the executor's no-fee...
Archived
How long does it take to be paid on a probate case that is settled out of court eve though court papers were filed?
Benjamin's answer
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Answered on October 08, 2012
If you are saying the settlement was to determine who will be the beneficiaries of the estate, then the now-established beneficiaries now will wait...
Archived
My first lawyer issued a lien (attorney fee and costs fee) after his withdrawal without settling my case.
Benjamin's answer
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Answered on September 30, 2012
The factors are 1) the terms of your agreement with the first lawyer, 2) the reasons for the departure of the first lawyer (particularly, whether...
Archived
Probate question re hearing on Petition for letters of administration.
Benjamin's answer
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Answered on September 29, 2012
The court (I think the probate department still is in Berkeley) probably will agree to continue the hearing if they show up to object, even if the...
Archived
Being sued as individual for commercial lease when business was corporation. Looking for case to uphold limited liability.
Benjamin's answer
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Answered on September 27, 2012
You start with the fact that you signed the lease, which would make you liable if the lease is in force, unless (given these facts) LL agreed at...
Archived
Papers filed by opposing counsel on behalf of pro se without pro se's knowledge.
Benjamin's answer
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Answered on September 13, 2012
Sure, if you are talking about physically filing papers as opposed to preparing them (i.e., acting as an advocate for and giving advice) for the...
Archived
Can a software development contract be cancelled by verbal notice or inconsistencies in the contract?
Benjamin's answer
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Answered on September 13, 2012
This depends on the contract terms, as legal opinions based on partial or unknown facts will be of no use to you, and the facts you recite are not...
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