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    Update On Our Situation

    Last week I started calling lawyers about that lawyer who got everything at my mother-in-law's brother's passing.

    And at least half of the lawyers I spoke to offered to put this into probate on a contingency basis! This includes one of the largest most reputable firms where we live - one that my mil, who is well off, could never even afford. All of them couldn't believe it - jaws dropping to the ground. One of them said this is the kind of situation they only read about in law books but never come across. It turns out that this situation looks so bad (on the lawyers part) that we don't even have to prove that he wrote the will. It would be better if we had the proof but when this all comes to pass, the burden will be on him to prove he didn't write it. The undue influence is enough for now. Everything will come out in discovery.

    My mil is thrilled about this - she doesn't even care about the $$$, she just wants to get the jerk lawyer. She is 91 years old and she is so special to me that I am glad to help her get any kind of satisfaction I can. Although she is 91, she is one of the sharpest women I've ever known. And she is a woman on a mission with this situation. She spent the week going through her brother's paperwork gathering all kinds of evidence. And I truly believe she will see this through to the end.

    And also, this situation made me realize that law is the better choice for me (rather than nursing). I have been back and forth about this for years and taking the lsat has always terrified me. But I love fighting for the underdog. So today I went to a university where they offer lsat test prep for half the price of a Kaplan or Princton course and signed up. lol, and then I went to the college and got a refund for the chemistry class I was going to take. I am totally motivated.
    Last edited by danaf; 12-14-2007, 04:40 PM.
    Filed Chapter 7 Pro-Se May 29, 2008
    341 July 1, 2008
    Discharged September 4, 2008
    Closed November 10, 2008 :-)

    #2
    Wow! That's awesome! How wonderful for you both to finally hear some good news in all of this.

    BTW, I'm a sucker for the underdog too.
    Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

    Comment


      #3
      YAY!!!

      Good luck! And let us know how it goes.
      Chapter 13 Filed "Old Law"
      Filed: 6/2003 Confirmed: 3/2004
      Early pay off sent: 10/05/2007 - 9 months early
      11/16/2007 - Discharged!

      Comment


        #4
        I'm totally ciked. We signed on one of the largest firms in our city today (on contingency). They are salivating to get this attorney.
        And they also have a huge incentive to win. This lawyer who took advantage will be quaking in his shoes very soon.

        This will get interesting.
        Filed Chapter 7 Pro-Se May 29, 2008
        341 July 1, 2008
        Discharged September 4, 2008
        Closed November 10, 2008 :-)

        Comment


          #5
          Originally posted by danaf View Post
          I'm totally ciked. We signed on one of the largest firms in our city today (on contingency). They are salivating to get this attorney.
          And they also have a huge incentive to win. This lawyer who took advantage will be quaking in his shoes very soon.

          This will get interesting.
          Sweet! Keep us updated!
          Chapter 13 Filed "Old Law"
          Filed: 6/2003 Confirmed: 3/2004
          Early pay off sent: 10/05/2007 - 9 months early
          11/16/2007 - Discharged!

          Comment


            #6
            HOLY COW

            This morning the attorneys called the lawyer - and he admitted to drafting the will!!!!!!!!!!!

            This is huge. It's illegal to be a lawyer, draft your client's will, and make yourself the beneficiary.

            I don't think this will see the inside of a courtroom. But if he wants to take it that far - we are in it for the long haul.

            My mil is estatic. She called me an angel for helping her on this.
            Filed Chapter 7 Pro-Se May 29, 2008
            341 July 1, 2008
            Discharged September 4, 2008
            Closed November 10, 2008 :-)

            Comment


              #7
              Originally posted by danaf View Post
              This morning the attorneys called the lawyer - and he admitted to drafting the will!!!!!!!!!!!
              Wow! You caught him red-handed and flushed him out, Dana - way to go!! So glad for your family that this lawyer will get the punishment he deserves. Hope he loses his right to practice so he can't bilk anyone else.
              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

              06/01/06 - Filed Ch 13
              06/28/06 - 341 Meeting
              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
              10/05/06 - Hearing to resolve 2 trustee objections
              01/24/07 - Judge dismisses mortgage company objection
              09/27/07 - Confirmed at last!
              06/10/11 - Trustee confirms all payments made
              08/10/11 - DISCHARGED !

              10/02/11 - CASE CLOSED
              Countdown: 60 months paid, 0 months to go

              Comment


                #8
                thanks LRP! We knew he drafted the will but never in a million years thought he'd admit to it. It's not over yet but it's feeling like a slam dunk:-) He will definately loose his license over this. And the lawyers I found Mom are out for blood. Not only do they want to recover the $$$ & land for her, but they take what he did personally and said they don't want him in their bar.
                Filed Chapter 7 Pro-Se May 29, 2008
                341 July 1, 2008
                Discharged September 4, 2008
                Closed November 10, 2008 :-)

                Comment

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