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

Posted on February 17, 2012 by mwnewt

My father’s estate went through Louisiana probate and is about to soon be closed. However, there are 5 beneficiaries and one of the beneficiaries recently went and took a car from the estate against the will of the administrator of the estate. Well, I have many questions and this is becoming an increasingly stressful process and I just want someone to take this process over so that I do not have to deal with it anymore. The administrator of the estate is an attorney himself and he does not have my best interest at heart. I have many questions and I need to know if I should get an estate attorney or probate attorney to turn this situation over to so I do not have to be so stressed out all the time.
Should I be worried that the adminitrator may favor one beneficiary over the other? And what type of lawyer would I hire to deal with this? A personal lawyer, probate lawyer?
Should I be worried that the adminitrator may favor one beneficiary over the other? And what type of lawyer would I hire to deal with this? A personal lawyer, probate lawyer?
Yes, I am a beneficiary.

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

Posted on February 16, 2012 by mwnewt

I have never met anyone on my fathers side. Recently I was contacted by the probate attorney and he died with no will, no spouse, and no other kids. He denied that I was his kid during his life but the attorney asked me if I wanted to do DNA testing to prove it. Said I would be the sole beneficiary? Of course bi agreed to take the test and after waiting 2 months for the court order I took it. Trying to get DNA results but they say they had to re-file the court order. This process has been dragging on now for quite a while and the attorney’s office says they are still waiting for court orders and paperwork. I feel totally in the dark and confused. Should I worry that I might be swindled out of my inheritance? by the executor? Should I get an attorney (cant really afford one anyway), or should I just be patient? Thanks in advance.
The attorney handling the matter is working for the brother of the deceased. I don’t know anyone involved. Just curious if it would be possible for the brother to have access to the inheritance before I can be proved as the beneficiary. And if so, would it be unwise not to have my own attorney. My instincts tell me to just be patient but I just want to be sure. Thanks for the answer!

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

Posted on February 14, 2012 by mwnewt

My friend is dealing with her parent’s estate in probate court. There are about 3 weeks left before the 4 month time period ends for creditors to file a claim against the estate. Out of about 17 creditors, about 5 have filed a claim. Of those 5, about 2 have been trying to call her and they have sent her letters asking if she wants to pay lower than what is owed, I guess so they (the creditor) won’t have to come to court.

Does this mean they (the creditors) really don’t want to come to court because they more than likely will be paying their attorney more than what is owed?

Do they HAVE to have a attorney representation if they decide to come to court?

If they don’t show, will that mean the debt is thrown out?

Thanks guys

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Unscrupulous "probate attorney" practices and fees question.?

Posted on February 12, 2012 by mwnewt

Hello, I am trying to find out if it is within the legal law to be charged for "extraordinary services" and exactly what can be billed under this term.

I am the personal representative for my grandmothers estate. Her mobile home and assets totaled 51,000.00. The attorney stated that she was only getting the standard 3 %. However now that this is almost closed, I was billed a total for approximately 8000.00

About 5000.00 has been listed as "extraordinary services". These services listed by detail in the final accounting include every single e-mail correspondence with myself as P.R., every phone call, and also e-mails read from the Realtor who sold the home etc.

There are no "extraordinary services" from what I can see, and have disputed these charges, and insisted to have the attorney send me proof of this.
The attorney sent The Florida Senate 2011 Florida Statutes Chapter 733 Probate Code to my e-mail for proof, however that was after a week of insistent requests for proof, which already made me skeptical.

733.6171 Compensation of attorney for personal representative…….. and I have read what explains can be charged for what is termed "extraordinary" and I cannot find anywhere that states that phone calls, meetings, general contact e-mails etc, are to be charged.

I am not trying to be disrespectful to the profession, but am I to just "take an attorneys WORD, at everything thrown my way?

The attorney appears to myself to be skirting every issue I bring up about this, I need some help, I don’t feel comfortable about simply signing papers that pay out an extra 5000.00 for mailing envelopes, phone calls pertaining to simple questions regarding work needed done for the roofing etc.

I am wrong? I keep getting the reply that "I do not understand the laws" in a condescending type of manner, when I asked repeatedly for "proof" of this in the statues , I am not finding this in 733.6171 and I think I am being duped.

Some expert advice is much appreciated, thank you.

Teddy

P.S. If you have something that supports my theory or suspision and you want to include this for me, in your reply ( statutes or what is legal etc) so that at least I have something that I can e-mail the attorney back, so they know I am looking into this, and they take me serious, please do so.

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Can a lawyer get my DUI dropped/reduced?

Posted on February 6, 2012 by mwnewt

I got an underage DUI in southern California. I’m 20 years old, turning 21 in just two months. I got drunk and drove my car, crashed in to a parked vehicle while trying to answer my phone. Can a lawyer get my case dropped or reduced?

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I was convicted of dui first offence. My lawyer told me if I paided my fines court costs and do dui school?

Posted on February 5, 2012 by mwnewt

and do my 48 hours I would only have to see a probation officer once. is that true and if it is could you point me in the right direction to be able to prove it? thank you.

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for a dui in california< should i get a lawyer or just a public defender?

Posted on February 3, 2012 by mwnewt

i got a dui last month, i believe .20, a first offender, i know im guilty, just wonderif i should just go with a p.d or a lawyer

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I want to fire my attorney in the middle of probate? Is this wise?

Posted on February 1, 2012 by mwnewt

My attorney has consistently "misspoken" on many of the questions I ask her (creditor deadlines, court dates, etc), and I have the emails to prove it. He contract states she was supposed to send me an itemized bill every 30 days and she hasn’t. Her contract also states she would bill in 6 minute increments and she is now saying she is billing in 7 minute increments. I am sick of it! She has been paid 00 already and advised her rate was 0/hr. Once those hours are depleted, that would be 20 hours right? She states she will need 0 increments, etc. She comes out of blue at the end of the 120 days for creditors to make a claim on the estate, and says she wants to request reductions and she would take 40% of the savings to the estate. I said no thanks. She then says "Well, I will charge you a flat fee of 00 to dispute creditors claims". I said no thank you. Now she is trying to say the money is owed because she has depleted the 00 etc. I said send me a bill, she did and it was so off it’s not even funny (87 emails @ 6 minutes per email is about 10 hours right? She said it was 17.4 hours! She can’t even multiply!)

So now I am at the end of my rope, I want to fire her so bad (there are soooo many other issues) but the probate process is almost over. I have calculated that I owe her about 0 for past work from her very LATE itemized statement. She has agreed to this amount. If I fire her, do I HAVE to hire a new attorney to represent me in probate court? Do the creditors that have made claims HAVE to show up? If they don’t show up, will their claim be dismissed? I am in Tennessee, by the way. Can I finish this probate out myself? If so, how do I find out court dates and such? Help!

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Should I hire an attorney for first DUI read please?

Posted on February 1, 2012 by mwnewt

Ok in trying to plead not guilty nd not get my license suspended for a year… I am under 21 so maybe I can get underage drinkibg instead of DUI.. Can a lawyer help me? Or should I go to dmv hearing without one? Also how can I get the police reports?

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are lawyers worth defending a dui?

Posted on January 27, 2012 by mwnewt

pulled over for suspended registration, but was suspected of drinking
i refused the test by using the 5th amendment
what can a Lawyer do????

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