Info on lawyer

ilovemydogs · 10-12-2006, 09:51 AM

A bit of background.
She is an elder, he was as well.
He filed bankruptcy about 20 years ago and when he did since then she has had everything in her name and files singly, as husband was a gambler and basically they lived in the same home but were separated.
Husband died this month with nothing, not even insurance or a will he did max up some pretty good credit bills. (She was not an AU or had anything to do with them)
I told her that she would not be responsible for his debts, and also tht because his estate is valued at under $15,000 probate would be a lot easier.
Reality - estate is worth ZIP.
Okay so my friend who gets nervous decides to goe to a lawyer who scares her a lot about how she can get sued yadayada. Wants $5,000 upright to deal with the probate issues and also the creditors.Says that this is a complicated case blahblah.
My questions are Does she need a lawyer? and HOW can I find out anything on this lawyer? I went to Mass Bar Association and could not find the lawyers name ,and I want to know if the lawyer also has any complaints against her.
I also went to martindale.com and while she is there,I cannot get any other info on her.

Thanks
ILMD

Enigma · 10-12-2006, 12:16 PM

Just as a point of reference, PLEASE be careful on what you tell people.

In some states she "may be" liable for the deceased's debts if they were still legally married.

I would call the Bar and ask for a referal for several in the area, or try this site:

http://www.martindale.com/

Look for an AV rated firm or lawyer.

Enigma · 10-12-2006, 12:45 PM

Check these sites:

http://www.massbar.org/article.php?c_id=235.
http://aspe.hhs.gov/daltcp/reports/MAliens.htm

The spouse might be liable, read Chapter 197 sections 28-34

http://www.mass.gov/legis/laws/mgl/gl-197-toc.htm

She needs quilified legal counsel.

ilovemydogs · 10-12-2006, 12:56 PM

Quote:

Originally Posted by Enigma

Just as a point of reference, PLEASE be careful on what you tell people.

In some states she "may be" liable for the deceased's debts if they were still legally married.

I would call the Bar and ask for a referal for several in the area, or try this site:

http://www.martindale.com/

Look for an AV rated firm or lawyer.

I did not tell her this off the cuff , but from personal experience of being an exectcutor several times,same state,as this happened to my Aunt, and she did not have to pay any debt incurred by her husband,as their filing status and their financial issues were separate always.
She would have had to satisy any debt that he had,IF he had left an estate, but he didn't, so there are no funds from the husbands to pay off any debt incurred by him and him alone.
I did try martindale and while the lawyer is there, there is nothing on her,or any rating for her or her partner,or to any complaints .
This is all a moot point now as the lawyer she went to is a done deal ,as my friend told her today that she was going to talk to another lawyer as well and then decide,and my friend has decided to stay calm not do anything,and go to my trust lawyer as she has time.
(I think that there is some very concerned relatives coming out of the woodwork relatives long lost,,as my friend now wants to do a reverse mortgage which would mean they would not get as much as when she dies)
ILMD

hannah · 10-12-2006, 01:14 PM

If she has a mortgage, was he on the mortgage or the deed to the property if it was paid off? If so, he left an estate. If he had anything including furniture or other personal property, it too is considered part of an estate if worth over a certain amount. If the state is a community property state, half of communal property can be considered his estate. She needs an attorney.

ilovemydogs · 10-12-2006, 02:29 PM

Quote:

Originally Posted by hannah

If she has a mortgage, was he on the mortgage or the deed to the property if it was paid off? If so, he left an estate. If he had anything including furniture or other personal property, it too is considered part of an estate if worth over a certain amount. If the state is a community property state, half of communal property can be considered his estate. She needs an attorney.

No as I wrote no mortgage and there never was one and she has owned the home for plus 20 years,in her name only, same with car,charge cards,utilities etc.
The home was always in her name,and this was done as the husband had filed bankruptcy a few decades ago,so she had to get her financial things in order to protect her assets which she did.
The husband died indigent, and according to my lawyer who we three just talked to, she does not even have to pay for burial expenses if she does not want to.(She is though) I do think she should have a lawyer even to file such an easy probate (I think)here, but I also do not think she needs to give a lawyer five thousand up front and who knows how much more. IMO the lawyer saw a soft touch, and now my friend has told the lawyer that she is going to seek another counsel.
My friend is now going with my lawyer who handles trusts and financial accounts,and I think this is a much better choice than the lawyer she went to.
So I will let you guys know what happens with any of the debts and also probate,although I do not think much is going to be a problem IME here.
ILMD

Flyingifr · 10-12-2006, 04:16 PM

Repeat after me....

Massachusetts is NOT a Community Property State
Massachusetts is NOT a Community Property State
Massachusetts is NOT a Community Property State

Therefore she has no liability for his debts, even if they were legally married.

If he died destitute, there is no estate to be worried about. From the original post, he didn't leave enough behind to pay for the funeral.

Here's what to say to his creditors:

He is at Forest Lawn Cemetery, Unit B314, Their phone number is 555-1212. Call him there and leave me alone.

ilovemydogs · 10-12-2006, 05:34 PM

Quote:

Originally Posted by Flyingifr

Repeat after me....

Massachusetts is NOT a Community Property State
Massachusetts is NOT a Community Property State
Massachusetts is NOT a Community Property State

Therefore she has no liability for his debts, even if they were legally married.

If he died destitute, there is no estate to be worried about. From the original post, he didn't leave enough behind to pay for the funeral.

Here's what to say to his creditors:

He is at Forest Lawn Cemetery, Unit B314, Their phone number is 555-1212. Call him there and leave me alone.

Thank you Steve, that is why I said my advice was not made off the cuff and was from my experience dealing with several estates as executor.
Oh and BTW I did write off a bunch of letters to the creditors, stating that they could get in touch with her husband at... I just now got home from her house and our lawyers office and all is well and she is very relieved by what the lawyer told her,which was listen to Hannah as she does very well for herself ; )
Oh yes and he also said...REPEAT AFTER ME
Massachusetts is NOT a community property state.
Thanks Steve.
ILMD

roybean · 10-12-2006, 05:43 PM

Debt collection is a mutha, isn't it?

ilovemydogs · 10-12-2006, 06:00 PM

Quote:

Originally Posted by roybean

Debt collection is a mutha, isn't it?

Isn't it though ; )
ILMD

ilovemydogs · 10-12-2006, 06:02 PM

Quote:

Originally Posted by ilovemydogs

Isn't it though ; )
ILMD

Oh this is something else. She has a friend who says he is a lawyer and works for international companies doing blahblahblah...
This "friend" told her that the creditors could come after her for thehusbands debts.I then looked up this person and he is a JDB!!!
I had always thought this guy was a creep and now I know he is!

ILMD

roybean · 10-12-2006, 06:43 PM

Quote:

Originally Posted by ilovemydogs

Oh this is something else. She has a friend who says he is a lawyer and works for international companies doing blahblahblah...
This "friend" told her that the creditors could come after her for thehusbands debts.I then looked up this person and he is a JDB!!!
I had always thought this guy was a creep and now I know he is!

ILMD

Here's a lesson I have learned in life and I keep coming back to it because it keeps coming back around:
"Be surprised at what people won't do and not what they do." Oh, and "Trust your gut."