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Post by collins4967 on Feb 6, 2007 10:31:08 GMT -5
I will make a long story very short. My moms estate is in probate and her attorney has money in a trust. The money is what was left out of a law suit she had that Blue Cross was to be paid out of. Before I went to court on Jan.31st I got BC/BS to fax me over a letter that said they have been trying to contact my attorney with no response and the medical bills have not been paid. In court the judge asked if all bills have been paid and my atttorney said yes. Then he was asked if BC/BS has been paid and he said yes. I asked If I could present the letter from BC/BS and the judge read the letter and made copies. My attorney lied and was not held in contempt. He is trying to take my mothers money and does not have to answer for his wrong doing. I can't find anyone that will take my case here in the county in which I live. I am lost on what to do next. Any legal advice would be much appreciated.
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Post by killer on Feb 6, 2007 10:36:43 GMT -5
Get an updated letter from BCBS stating that bills have not been paid. Then get court transcript showing attorney saying bills had been paid. Contact Bar Association and present these copies.
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Post by collins4967 on Feb 6, 2007 10:48:19 GMT -5
The request from BC/BS was actually faxed over to me 2 hours before I was scheduled to be in court. The court did not have a court reporter during the precedings. Only 2 lawyers, my step father, and the judge. I asked the judge if he realized my moms attorney purgered himself and he said yes and I have entered the paperwork from BC/BS in the file.
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Post by killer on Feb 6, 2007 11:12:43 GMT -5
First, contact BCBS by phone, ask if bills have been paid. If answer is yes, ask them to send record of this (for your records.) If answer is no, ask them to send something/letter stating bills have not been paid as of current date. Write letter to the attorney (keep copy for yourself!!) stating that bills have not been paid although he said they were in court. Ask that bills be paid immediately (say within 10 days) and if not paid, you will contact Bar Association. Send letter certified so you will have proof they received letter. Keep good records so you have proof when contacting Bar (if this becomes necessary.)
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Post by killer on Feb 6, 2007 15:25:14 GMT -5
Something else: Sometimes there are local law lines available that can answer basic questions over phone. Look in Yellow Pages or call B'ham Bar Association.
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Post by backstabber on Feb 6, 2007 23:59:05 GMT -5
Without fail,you need to report your "attorney " to the local/state bar association.They generally do a good job of policing their own.Also you should attempt to make contact w/J.StClaire(not sure of the spelling).He is the one that Mr.Lee Davis and matt Murphy has as a frequent guest on their shows. DO NOT ALLOW this white collar thief to breathe.Stay with him and on him.Write an editorial to your local newspaper;they will probably want to verify certain facts before they print your letter in their paper,but once they do your unfortunate situation could perhaps take a turn toward a positive direction because others will come forward,hopefully,and share their experiences concerning him.If he is doing this to you,he has done it to others.You need to purge the others out of the woodwork. Good luck to you. I empathise w/your situation as I am in my own different type of hell dealing w/estates and death and dementia and siblings and etc. I have lost my dialog with the Lord,as in nothing to discuss w/him at this point in time because what has happened is beyond my comprehension.I will eventually pray again and when i do,you will be inclusive.Until then I can only wish the best for you and keep you in my thoughts,wishing only the best. regardless of all else,DO NOT ALLOW him to get away with this horribly greedy crime perped against you.Keep ACCURATE and lengthy daily logs of your contact w/him as well as copies of ANY paerwork that even remotely is akin to this matter and ETC.
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Post by dixiepixie on Feb 7, 2007 0:46:05 GMT -5
The request from BC/BS was actually faxed over to me 2 hours before I was scheduled to be in court. The court did not have a court reporter during the proceedings. Only 2 lawyers, my step father, and the judge. I asked the judge if he realized my moms attorney perjured himself and he said yes and I have entered the paperwork from BC/BS in the file. How many of you giving out legal advice missed the part about the step father being in court? If the decedent has a legal spouse and a will, WHAT does the will state? (if the estate is in probate, then a will is in place) If the will states all rights/properties/monies/et all go to the spouse, the the child doesn't have a leg to stand on, as far as recovering properties, and is in no way accountable for any bill left owing. Sounds to me like a lot was left out of this picture.
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Post by killer on Feb 7, 2007 10:27:04 GMT -5
from collins post: The money is what was left out of a law suit she had that Blue Cross was to be paid out of.
Usually in lawsuits (personal injury), the settlement states that medical bills are to be paid. So if this is the case and attorney has withheld the money, then he is at fault.
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Post by dixiepixie on Feb 7, 2007 10:48:01 GMT -5
Usually, in personal injury lawsuits, the medical bills are paid BEFORE the person recovers anything at all. That is something that is ordered in court, such as...The med bills get paid in one lump, the lawyers collect their fees, and the person recovers what is left over. It is usually not left up to the person to pay out for the bills, for the simple reason that a lot of people will spend the money and never settle their debts.
And none of that will change the fact that her spouse will get the money, not her child, unless the will has arrangements for the child.
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Post by killer on Feb 7, 2007 11:18:42 GMT -5
I used to work for a PI lawyer and settlement check was given to him with the expection that he would pay the meds, take his percentage, then give balance to plaintiff.
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Post by dixiepixie on Feb 7, 2007 11:27:07 GMT -5
If they have provided proof to the court that the bills have not been paid, (and the lawyer is the SAME lawyer who handled the lawsuit) then the HUSBAND should let the court do what they have to do. Then the lawyer should be reported to the State bar, and to the AG's office. Again, the son/daughter really has no dog in the hunt, unless the will names them.
They really haven't given us enough information to make a good judgment about this situation.
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Post by collins4967 on Feb 7, 2007 20:22:20 GMT -5
Here is the story.... Right before my mother past away a law suit was settled and she collected X amount of dollars. Some money was left at the attorneys office because he was claiming he was still trying to settle up with BC. My mother past away May 2005 and only because he was a friend of my mothers and she had used him on this suit was the only reason we used him to probate the estate. My stepfather and I both made this call. I paid all funeral expenses which added up to be about $20,000. My step father was aware of the money the attorney had and felt like he alone was entitled to any left after BC was paid. He got another attorney....so now he doesn't acknowledge he owes anything. We both signed the papers at the funeral home, florist etc. I am the one that was going to be sued because I am the only one of the two that is gainfully employed....so I alone paid all of the bills. My attorney never got a court date because he kept putting it off saying that the probate judge was taking a light case load because of health reasons (which ended up being a complete lie). My stepfather got a hearing right away. We went to court in December 2006 and the financial records my attorney presented to me on that day was approximately 5,000. less than the ones he originally wanted me to sign in Aug 2006. When I raised the question why....he replied that BC had settled for a greater amount than expected. On the morning of Jan 31, 2007 two hours before court I got the notion to call BC and they faxed me a letter stating they have been trying to reach my attorney with no response and the bills have not been settled nor have they tried to settle. I went to court that day and the judge specifically asked if BC had been payed and my attorney said yes. That is when I asked if I could present the paperwork to the court and the judge said yes and copies were made and my attorney was stuttering with his head down. I also told the judge that something as simple as a $1000. 00 check was sent to my lawyer from med-pay (payment from car insurance, my mother was killed in a car wreck) He(my attorney) deposited the check and denied it when I had proof from the insurance accounting dept. Lies that is all I have gotten. I was told I would have to get another attorney in order to fire this one. But when I try to get someone to take the case they never call me back. I received a packet from the bar association to file a formal complaint against him. But what do I need to do first.....Keep trying to find another lawyer, file the complaint, call the attorney I have now and curse him out and ask why. I am trying to go about things in the right way but where do I start....Oh yeah....There is no will...I just wanted my stepfather to pay for 1/2 of the funeral expenses considering the loans I got have put a strain on my financial situation.
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Post by killer on Feb 7, 2007 21:17:10 GMT -5
I think this can be resolved without alot of trouble. Keep cool and remember not to be intimidated. Get all records together and organize. Document conversations, events. If you had a cool-headed friend or family member to help you, you might be able to handle all of this without having to pay another attorney.
Call B'ham School of Law and see if there is a law student who might be willing to help you resolve this. They would be helpful at pulling everything together and finding answers here -- for just a little money.
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Post by dixiepixie on Feb 7, 2007 21:26:36 GMT -5
If you die without a will (known as dying intestate) in Alabama, your assets will be divided amongst your immediate family. If you have no children or parents, your spouse will receive your entire estate. If you have no children but have parents, your spouse will get the first $100,000 plus one-half of the balance with the remainder going to your parents. If you have children that are also your spouses children, your spouse will get the first $50,000 of your estate plus one-half of the balance with the remainder going to your children. If you have children but not all of them are also children of your spouse, your spouse gets one-half of your estate with the remainder going to your children. Now, that being said, your step father, as a spouse, should have been held accountable for all of the bills belonging to your mother, not you ($20,000 for a funeral? ? What did you do, get a sterling silver coffin? My father-in-law's was only just over $6500). Fill out the paperwork for the Bar Association, contact the AG's office and go from there.
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