· Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.
 · 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.
Before you make the decision to ask the court to decide an estate dispute (and tell your family that you’re going to sue them), explore the options for other potential resolutions. This approach requires talking with an experienced estate litigation attorney.
Litigation can tear a family apart, inflicting damage that lasts forever. When family members disagree — and that disagreement escalates into litigation — it emotionally affects the parties involved in the case. Those emotions usually escalate over time as the legal process takes its natural course.
There are a number of legitimate reasons for challenging an estate, including: Problems with the validity of a will or trust based on legal requirements for execution; Issues of undue influence over the deceased person; Questions relating to the deceased individual’s legal capacity; or. Concerns about fraud or forgery.
Other family members take sides, either outright or subtly by curtailing communication with one of the parties. In many cases, the disagreement envelopes the entire family. If you consider pursuing litigation against family members, you need to prepare yourself for the fallout in your family.
Estate litigation involves a complex legal process. It can take years to resolve the issues. While the litigation is pending, costs add up for the estate and for the person initiating the action.
Legal counsel representing both sides of the case charge fees. But there is more than just attorney’s fees to consider. A court action involves court costs, as well as expenses relating to gathering evidence, such as taking witness depositions and using expert witnesses (which is necessary in some cases).
Unless a court case ends in a settlement that satisfactorily resolves the issues for both sides, there will be a winner at the end. There also will be a loser. No one — including seasoned litigation attorneys — can ever predict with certainty how a court case will end.
Learn the rules for suing someone who has died. You can still file a lawsuit or collect a judgment even if the defendant has died. You will direct your efforts at the deceased person's estate–that is, the property the person left behind. And you must act promptly; if you don't, your claim may be barred by law.
It's conducted by the estate's "personal representative"–the executor named in the deceased person's will or, if there is no will, an administrator appointed by the court. Usually, the surviving spouse or an adult child is the personal representative.
Unless the defendant arranged for everything in the estate to pass outside of probate (by using a living trust or other probate-avoidance device), there will probably be a probate court proceeding.
A personal representative who knows that you were owed money is required to send you, within four months after beginning to act on behalf of the estate, a notification of the death. The notice will advise you to make a claim by a certain deadline, set by law.
If you don't get a notice of the death, you can still submit a claim. Find out whether or not there's a probate proceeding (and if so, who the personal representative is) by checking probate court records in the county where the defendant lived at the time of death.
If you file a formal claim and the personal representative rejects it, you can file suit against the estate within three months of the rejection.
The notice will advise you to make a claim by a certain deadline, set by law. You will probably have at least one or two months in which to file your claim. If you don't get a notice of the death, you can still submit a claim.
Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.
You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.
Defamation lawyers are a subset of civil litigation lawyers. You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.
Business Lawyer (litigation or transactional) Many business owners assume they need a “business lawyer,” whatever the nature of the legal problem they’re experiencing. In fact, “business law” is too broad a category to be meaningful.
Business litigation (often referred to as commercial litigation) is a major subset of civil litigation (see above). Businesses sue each other all the time, for any number of reasons.
You want a divorce. You want custody of your kids. Your ex-wife wants an increase in her spousal support and you’d rather not give it to her. You’re getting married and you want to ensure you won’t lose half of everything you own if you ever get a divorce. If your legal needs involve family relationships and obligations, you need a family lawyer.
Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks. 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures.
You cannot garnish wages in Texas, as some of my non-Texas colleagues have suggested. However, they are absolutely correct that you must take action on your judgment. A judgment is a right to collect, but does not collect itself (and the courts don't collect for you). You should contact a collections attorney for advice on how to proceed...
You already sued him and won a judgment. Now you need to "execute" (collect) your judgment. There are several choices: if he owns real estate, record an abstract of the judgment in the county where he owns property. You get paid when he sells or refinances. You can levy his bank accounts. You can garnish his wages.
You need to enforce your small claims judgment. You should check with the court to determine how to execute on the judgment. I do not know why you have waited this long, but the delay has not helped you. If you cannot get help from the court, then I would meet with a collection lawyer to determine what your options are.
As previously mentioned, when you sue the executor of an estate, they may be removed from their position. A few other things may also happen, such as damages being awarded to the plaintiff should the court find an executor at fault. Further, if the executor is at fault for any losses suffered by the plaintiff, the executor must remedy ...
One common example of holding an executor liable is a judge removing the executor from their position, and appointing a new executor.
Additionally, the executor ensures that the debts of the estate and other financial matters are taken care of. An executor’s duties are numerous and they vary according to the nature of the estate involved. The executor must ensure that all of the decedent’s taxes and debts are paid, then distribute what is left to the appropriate beneficiaries.
The executor must ensure that all of the decedent’s taxes and debts are paid, then distribute what is left to the appropriate beneficiaries. All of this is to be completed in accordance with the decedent’s will.
Simply put, fiduciary duty is the duty to protect and manage a deceased person’s property, in the best interests of the estate.
Some examples of things an executor is not allowed to do include: Failing to follow the exact instructions of the decedent’s will, when exact instructions are available.
Using estate assets for personal gain, known as self-dealing; Refusing to give the heirs and beneficiaries what is rightfully theirs as dictated by the decedent’s will; or. Failing to follow the exact instructions of the decedent’s will, when exact instructions are available.
To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.
When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.
To win when you sue an attorney for malpractice, you need to show that: 1 The attorney was supposed to do something 2 He or she didn't do it (or did it wrong) 3 This resulted in a financial loss to you (losing the case or losing money)
When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.
It's important to understand that just because you lost your case, it does not mean your attorney committed malpractice. In every case, one side will win and one will lose, despite the skill and experience of the lawyers on each side.
To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)
If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.
Beneficiaries and other interested parties – anyone who has a personal financial stake in the estate – can file a lawsuit against an executor for wrongdoing if the wrongdoing results in a financial loss.
The Legal Process. When an executor breaches her fiduciary duty, you can sue her by filing a lawsuit for damages in civil court. You must establish that she does indeed have a fiduciary responsibility to the estate – she’s accepted the position of executor and this should be clearly confirmed by court documents.
Although the exact process can vary by state, executors don’ t always work under a legal microscope when settling an estate. After the initial flurry of court filings, they may not be required to notify the court of the estate’s progress until they file the final accountings with the court. This leaves a lot of time and opportunity ...
If the estate has already lost money or value, the accounting might provide pivotal, concrete evidence if you also choose to sue him in a separate civil action lawsuit. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years.
Fiduciary Duty. The executor of a will has a fiduciary duty to the estate and its beneficiaries – an obligation to always act in their best interests and not her own. This prohibits her from taking certain actions: She can’t make risky or unsafe investments or transactions on behalf of the estate.
The executor of a will has a fiduciary duty to the estate and its beneficiaries – an obligation to always act in their best interests and not her own. This prohibits her from taking certain actions:
You might begin with a review of the will and any and all documentation you’ve received from the executor – in many states, he has a legal obligation to send copies of all of his written activities and communications to the beneficiaries.
A: Suing On Behalf of Deceased Person requires being appointed by Probate Court. If the deceased leaves a surviving spouse, and minor children under 18 years of age with whose support the deceased was legally charged, the court shall determine the amount, if any, to be set aside for the protection of the children after considering the age ...
A: No. If the deceased was subjected to pain and suffering before death, the estate of the deceased is entitled to pain and suffering damages which have no limit and are based upon the nature and extent of the suffering as determined by the court/jury. Also, If the personal representative brings the action, the personal representative may also ...
A: If there is no spouse that survives the deceased, the money or assets will go to the deceased’s lineal heirs as determined by Wisconsin Statute § 852.01.
A: In that case, if any such relative dies before judgment in the action, the relative next in order shall be entitled to recover whatever money there is for the wrongful death of the family member at issue.
A: No. If the deceased was subjected to pain and suffering before death, the estate of the deceased is entitled to pain and suffering damages which have no limit and are based upon the nature and extent of the suffering as determined by the court/jury.
If the deceased was subjected to pain and suffering before death, the estate of the deceased is entitled to pain and suffering damages which have no limit and are based upon the nature and extent of the suffering as determined by the court/jury.
Also, If the personal representative brings the action, the personal representative may also recover the reasonable cost of medical expenses, funeral expenses, including the reasonable cost of a cemetery lot, grave marker and care of the lot.