The Lawyer Thread Where We Stop Ruining Other Threads (4 Viewers)

[-fish-]

So, how many open records requests would it take to make a case that someone is abusing the statute?

Tired of dealing with an attorney with a long history of antagonizing the district fishing for anything they can use to bash the district on social media or file suits that never go anywhere. Consuming a lot of time and that are supposed to be spent on educating kids.

I feel it is an “everybody knows the truth but the payoff isn’t worth the effort of proving it” situation, especially when this person feeds off negative attention, so just dropping a lawyer-related vent here while I wait for the karma train to catch up.

Records requests? Unlimited. Filing frivolous lawsuits? May be able to get him declared a "vexatious litigant" and barred from filing and/or sanctioned. Since this is a lawyer start with bar complaint. Office of the Disciplinary Committee will send a letter and investigate. Ironically, there is no limit to the amount of bar complaints you can make, and they're a pain to respond to.

 

[BeTheMatch]

Dealing with something similar. Our firm represents a city that is being buried alive by an old codger and his incessant public records requests about the most trivial stuff you could imagine. And he only has to pay if he takes any copies. If he just reviews the documents and doesn't take them, no cost to him. I wish he would die.

 

[NajehHejan]

My FIL recently passed. My MIL is still alive, she is the other half of an irrevocable grantor trust that was set up some years ago in Delaware, before they moved to Pennsylvania. In light of my FIL passing, we reached out to the Delaware law firm with some questions, and they referred us to a lawyer who is licensed in both DE and PA. We really just have some general questions like do we need to do anything, does anything change, what are we allowed and not allowed to do, etc. Can anyone here be helpful so we don’t have to engage a new law firm? Please reply here or PM if you can help. Thanks!

 

[CletiusMaximus]

My FIL recently passed. My MIL is still alive, she is the other half of an irrevocable grantor trust that was set up some years ago in Delaware, before they moved to Pennsylvania. In light of my FIL passing, we reached out to the Delaware law firm with some questions, and they referred us to a lawyer who is licensed in both DE and PA. We really just have some general questions like do we need to do anything, does anything change, what are we allowed and not allowed to do, etc. Can anyone here be helpful so we don’t have to engage a new law firm? Please reply here or PM if you can help. Thanks!

Unfortunately, no one here will be able to meaningfully answer your question absent reading the trust document and putting a couple of hours into it. Answers may depend on whether a probate proceeding was opened, what his will says, or if they had other forms of estate planning such as a marital property agreement. There could be a present obligation to file a tax return. Some of these questions are state-law dependent. If your MIL is the named Trustee, she could retain a lawyer on behalf of the Trust meaning the legal fees could perhaps/likely be paid by the Trust. If she's not the Trustee, you should reach out to the Trustee for such questions. If that's not an option for any reason, I strongly recommend she scrape up a few thousand clams and get a real legal opinion. I would check the online profile of the lawyer you were referred to and confirm his/her background as you want someone who regularly practices in Trusts and Estates.

 

[NajehHejan]

My FIL recently passed. My MIL is still alive, she is the other half of an irrevocable grantor trust that was set up some years ago in Delaware, before they moved to Pennsylvania. In light of my FIL passing, we reached out to the Delaware law firm with some questions, and they referred us to a lawyer who is licensed in both DE and PA. We really just have some general questions like do we need to do anything, does anything change, what are we allowed and not allowed to do, etc. Can anyone here be helpful so we don’t have to engage a new law firm? Please reply here or PM if you can help. Thanks!

Unfortunately, no one here will be able to meaningfully answer your question absent reading the trust document and putting a couple of hours into it. Answers may depend on whether a probate proceeding was opened, what his will says, or if they had other forms of estate planning such as a marital property agreement. There could be a present obligation to file a tax return. Some of these questions are state-law dependent. If your MIL is the named Trustee, she could retain a lawyer on behalf of the Trust meaning the legal fees could perhaps/likely be paid by the Trust. If she's not the Trustee, you should reach out to the Trustee for such questions. If that's not an option for any reason, I strongly recommend she scrape up a few thousand clams and get a real legal opinion. I would check the online profile of the lawyer you were referred to and confirm his/her background as you want someone who regularly practices in Trusts and Estates.

Thanks so much. My wife and BIL are the trustees. Those 2 and the other 3 siblings are the 5 beneficiaries. Our questions mainly revolve around how to make sure the MIL is properly cared for. Do you think the clams needed for a new attorney can be paid from the trust? Appreciate all your help.

 

[CletiusMaximus]

My FIL recently passed. My MIL is still alive, she is the other half of an irrevocable grantor trust that was set up some years ago in Delaware, before they moved to Pennsylvania. In light of my FIL passing, we reached out to the Delaware law firm with some questions, and they referred us to a lawyer who is licensed in both DE and PA. We really just have some general questions like do we need to do anything, does anything change, what are we allowed and not allowed to do, etc. Can anyone here be helpful so we don’t have to engage a new law firm? Please reply here or PM if you can help. Thanks!

Unfortunately, no one here will be able to meaningfully answer your question absent reading the trust document and putting a couple of hours into it. Answers may depend on whether a probate proceeding was opened, what his will says, or if they had other forms of estate planning such as a marital property agreement. There could be a present obligation to file a tax return. Some of these questions are state-law dependent. If your MIL is the named Trustee, she could retain a lawyer on behalf of the Trust meaning the legal fees could perhaps/likely be paid by the Trust. If she's not the Trustee, you should reach out to the Trustee for such questions. If that's not an option for any reason, I strongly recommend she scrape up a few thousand clams and get a real legal opinion. I would check the online profile of the lawyer you were referred to and confirm his/her background as you want someone who regularly practices in Trusts and Estates.

Thanks so much. My wife and BIL are the trustees. Those 2 and the other 3 siblings are the 5 beneficiaries. Our questions mainly revolve around how to make sure the MIL is properly cared for. Do you think the clams needed for a new attorney can be paid from the trust? Appreciate all your help.

In this situation I would likely advise the two co-trustees to seek some legal input. They are fiduciaries and have to understand what they can and can't do, and what they have to do. This is important even where all beneficiaries seem to be on the same page. I can't say for certain, but it is likely the terms of the Trust allow the Trustees to hire a lawyer to advise them. The lawyer's role is not to advise any one beneficiary what's in his/her personal interest, but to advise the Trustees in carrying out their legal duties.

 

[NajehHejan]

My FIL recently passed. My MIL is still alive, she is the other half of an irrevocable grantor trust that was set up some years ago in Delaware, before they moved to Pennsylvania. In light of my FIL passing, we reached out to the Delaware law firm with some questions, and they referred us to a lawyer who is licensed in both DE and PA. We really just have some general questions like do we need to do anything, does anything change, what are we allowed and not allowed to do, etc. Can anyone here be helpful so we don’t have to engage a new law firm? Please reply here or PM if you can help. Thanks!

Unfortunately, no one here will be able to meaningfully answer your question absent reading the trust document and putting a couple of hours into it. Answers may depend on whether a probate proceeding was opened, what his will says, or if they had other forms of estate planning such as a marital property agreement. There could be a present obligation to file a tax return. Some of these questions are state-law dependent. If your MIL is the named Trustee, she could retain a lawyer on behalf of the Trust meaning the legal fees could perhaps/likely be paid by the Trust. If she's not the Trustee, you should reach out to the Trustee for such questions. If that's not an option for any reason, I strongly recommend she scrape up a few thousand clams and get a real legal opinion. I would check the online profile of the lawyer you were referred to and confirm his/her background as you want someone who regularly practices in Trusts and Estates.

Thanks so much. My wife and BIL are the trustees. Those 2 and the other 3 siblings are the 5 beneficiaries. Our questions mainly revolve around how to make sure the MIL is properly cared for. Do you think the clams needed for a new attorney can be paid from the trust? Appreciate all your help.

In this situation I would likely advise the two co-trustees to seek some legal input. They are fiduciaries and have to understand what they can and can't do, and what they have to do. This is important even where all beneficiaries seem to be on the same page. I can't say for certain, but it is likely the terms of the Trust allow the Trustees to hire a lawyer to advise them. The lawyer's role is not to advise any one beneficiary what's in his/her personal interest, but to advise the Trustees in carrying out their legal duties.

Thank you!

 

[NajehHejan]

Sorry, one more question. My in-laws also had a living trust and they each had their own last will and testament. However, their living trust assets were minimal, a checking account and small savings account, both joint accounts. With my FIL passing, do we still need to go through a probate process and get an attorney etc? The MIL is the beneficiary but as I said, her name’s already on the minor assets.

 

[STEADYMOBBIN 22]

If you wanna take a gander at this settlement offer I got from WSSC for S&Gs

(Im not soliciting advice, just thought you guys might be mildly interested)