Delaware Recent Legal Answers from Lawyers

Your facts are a bit confusing.  Are you saying the Bill McCulloch is representing you as your attorney, or that he is the Trustee in the case that you filed?  You don't file bankruptcy "through a trustee" so that's what I don't understand. If you had the right to receive anything from your mother's estate, then that is an asset which must be listed on your bankruptcy schedules and, if not exempted, belongs to the Trustee in your case.  Period.  This shouldn't affect your discharge, however, unless someone brought a complaint objecting to your discharge.   Sounds like you should hire an attorney (if you don't already have one) to look at all this and see if there's anything that can be done to expedite the discharge.  A lot may depend on the local practice in your jurisdiction. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

Wills are normally lodged with the court before they are even probated. Contact the county where he died to see if the Will has been deposited. If not contact the stepbrother via certified mail (keep a copy of the letter and evidence of how you sent it) and ask him to provide you a copy and to lodge the original with the court. After that you may wish to hire an attorney if you are not satisfied. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.... Read More

It is very easy. I typically use a service firm, like CT Corporation, to get the certified documents from the Secretary of State of Delaware. And they do not charge very much for the service, especially if it is not a rush order.  I suggest you contact them for details.  You may also be able to contact the Secretary of State in DE directly as well.  Hope this is helpful.  ... Read More

Your father may have left the account titled as "Pay on Death" or "In Trust for", which would mean you could present an original death certificate and the bank would pass the money to the beneficiary named on file directly. However, if there are no beneficiaries named, you would have to initiate a probate administration (and depending upon the amount it may be a formal or summary administration) and the passing of the money would be controlled by the probate process. You really need to speak to an attorney and get advice on your particular situation, as there is more than just "getting the money" that you need to think about. If you apply for the money through a summary administration and there are creditors - you will become responsible for payment of your father's bills. I hope that this general information will be of some help to you, but it is not a substitute for true legal advice.... Read More

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read More

Whether or not someone loses their home depends on the equity in the home. That means that it depends on how much the home is worth, then subtracting the amount owed on the mortgage(s), determining how much that person's share of the house is worth. The bankruptcy trustee will review this and decide if there is more equity than the person who filed Chapter 7 can keep, which is $15,000.00 in Illinois. It is best that whoever is filing the bankruptcy speak to an experienced bankruptcy attorney before filing the case to review all of the facts.... Read More

When you are served with a lawsuit, you have 30 days to respond to it (or 14 days if it is in small claims court). If you file bankruptcy before that 30-day (or 14-day) deadline is up, then you will prevent the creditor from getting a default judgment against you. If you don't file by the deadline and they get a judgment, when you file bankruptcy that will stop all collection activity and the judgment will no longer be enforceable.... Read More