Comments for thephoenixpersonalinjurylawyer

Comment on What kind of attorney do i need in this case? by jjackson

jjackson — Tue, 21 Feb 2012 00:19:53 +0000

I work with and have access to attorney provider law firms all over the country. leave me an email and I will be able to further assist you jjacksonjdog3 @yahoo.com

Comment on What kind of attorney do i need in this case? by Felonious Monkey

Felonious Monkey — Tue, 21 Feb 2012 00:19:53 +0000

Probate attorney, or estate planning attorney

Comment on What actions can a beneficiary take towards a slanderous probate attorney? by Farhana

Farhana — Sun, 19 Feb 2012 00:19:38 +0000

Probate Bonds are key tools for protecting property and people when a person passes away. Upon death, an individual’s estate is handled through probate court.

Certain states require that a probate bond is secured to guarantee the performance of an estate’s executors. These bonds are also often referred to as "executor bonds."
http://www.janebond.mobi/

Comment on What actions can a beneficiary take towards a slanderous probate attorney? by xpatinasia

xpatinasia — Sun, 19 Feb 2012 00:19:38 +0000

None whatsoever. Since you haven’t learned anything from this, it’s clear that you DO have a learning disability.

Comment on My father's estate went through Louisiana probate but beneficiaries are not following rules.? by Liddel

Liddel — Fri, 17 Feb 2012 00:19:57 +0000

I agree. If you feel the beneficiaries, assuming you are one, are not getting their due, you should hire an attorney.

Comment on My father's estate went through Louisiana probate but beneficiaries are not following rules.? by Teekno

Teekno — Fri, 17 Feb 2012 00:19:57 +0000

The administrator doesn’t have to have your best interests at heart, he just needs to have the estate’s best interests at heart.

If you feel you need to hire an attorney, you should do that.

Comment on What should my concerns be regarding a probate case of my estranged father (FL, no will)? by Gilda

Gilda — Thu, 16 Feb 2012 00:20:37 +0000

Who is the probate attorney? Someone appointed by the court? Someone who has an interest in your dad’s estate? I hope it is just a public servant. He would be paid out of the proceeds of the estate. I can’t foresee how you would be swindled out of anything if you are the only heir. Be patient, some courts are so slow and there is nothing you can do but wait for the paper shufflers to act.

Comment on Estate probate – Do creditors who file a claim against the estate have to show with attorney representation? by laughter_every_day

laughter_every_day — Tue, 14 Feb 2012 00:20:13 +0000

corporations can only be represented by an attorney. An actual physical person can represent him/herself or hire an attorney. Any company that routinely has accounts receivable from people has attorneys who try to collect those debts. They are often on retainer and sometimes on a salary.

Comment on Unscrupulous "probate attorney" practices and fees question.? by perfectvelvet

perfectvelvet — Sun, 12 Feb 2012 00:20:07 +0000

I concur with what Lucy said. I don’t have any experience with the 3% or anything, but I do have experience with attorney billings. In a case without a contingency fee contract (i.e., you are paying an hourly rate), attorneys bill for everything: mailing documents, phone calls, emails, going to court, reviewing pleadings, etc. They do things other than just go to court and argue for you. Yes, you are charged for phone calls and emails and mail. Some attorneys bill in increments of 10 minutes, others 15. If you talk to them on the phone for 10 minutes and they charge $200 an hour, you just spent about $33. That can add up quickly.

I found this on a website for what it’s worth:

Extraordinary services may include, but are not limited to:
1) Involvement in a will contest, will construction, or proceeding for determination of beneficiaries.
2) A contested claim by a creditor of the decedent.
3) An elective share proceeding of a surviving spouse.
4) Determination of apportionment of estate taxes.
5) Any adversarial proceeding or litigation by or against the estate.
6) Tax advice on post-mortem tax planning.
7) Representation of the personal representative in audit or any proceeding for adjustment, determination or collection of any taxes.
Preparation or review of the decedent’s estate tax return or preparation of other tax returns required to be filed by the personal representative.
9) Purchase, sale or lease of real property.
10) Legal advice regarding carrying on the decedent’s business.

(from http://www.fresehansen.com/CM/Articles/Probate.asp )

I would consider talking to an attorney in FL who can tell you if the things they billed for are considered "extraordinary services" because it may not sound like they fit that definition I posted, but it does sound like the normal course of business in a probate case.

Comment on Unscrupulous "probate attorney" practices and fees question.? by lucy

lucy — Sun, 12 Feb 2012 00:20:07 +0000

When I got to the 2nd paragraph about the 3% fee and before you stated Florida, knew exactly that is the state where this was done.

My mother in law when she died in Florida in 2004, and we live in Indiana, had to hire to handle her estate and she had considerable more than your mother. They based this 3% 1st on the value, then they will bill for all services done. But you have to remember that for every hour they do something, they bill their hourly rate, which most likely is around $200 or more per hour. Most lawyers, regardless in what state you live in, will bill in 10 minute increments. So even if you are on the phone for 3 minutes they will bill for 10 and is legal. But, the other thing that most people don’t realize is that when they make that phone call or talk to someone, they have to pick up the file and review it and that could be billed at 30 minutes to an hour. You have to remember that your mother is not the only client and they cant just go off the "top of their head" and remember everything that is going on, or otherwise they can be sued for malpractice if they don’t verify facts. The problem is that most likely you called them a lot on simple questions and since you had a lawyer believed it was their job to guide you through the process, which it is. But people forget that you are paying a lawyer for their time, which is their hourly rate.

After we closed out the estate to my mother in law and paid off the lawyer, we had forgotten one last detail. We had kept a open account with Bank of America that we used to pay expenses that occurred while trying to sell her condo and other expenses that had to be kept open till closed. So, by that time, there was about $3,000 left in the account and we wanted to split it between my husband and brother, but,,,,,since we failed to close it out, the same lawyers we had hired, told us it would cost $1,200 to reopen her estate, close out the account and then re-close out the estate again. So for $900 each, we chose to let it go.

Your only last option is to file a complaint with the Supreme Court in Florida against this lawyer.
http://library.findlaw.com/1998/Aug/1/127741.html
http://www.lawyer-complaint.org/lawyer-complaint/Florida.htm

After you file a complaint, then the lawyer MUST answer it. But most likely they will show that for every minute/hour of work they did, will be validated. If they fail to do so, they could lose their license to practice law.

My husband is a lawyer in Indiana for the last 40 years and we were surprised on the 3%, since in most states, they can only bill for their time. We were at the mercy of Florida lawyers, since my husband is not licensed in the state of Florida to practice, so had to hire to legally closed the estate. It sucks that with the small estate that was left to you, that you get billed just like someone else with considerable more.

good luck