How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Richard - Bizlaw Your Own Question

Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8650
Experience:  30 years of corporate, litigation and international law
Type Your Business Law Question Here...
Richard - Bizlaw is online now
A new question is answered every 9 seconds

Dear BizLaw, Thanks for your last answer. I have another

Customer Question

Dear BizLaw,

Thanks for your last answer. I have another problem. Different case in Texas. I had sued the estate of my deceased boyfriend in Texas. We were corporate partners in a jewelry business and the estate took it upon themselves to declare all the corporate assets (inventory, equipment etc.) as estate property. I prevailed and in a settlement agreement I was granted half the corporate inventory (the estate kept the other half) and all the corporate equipment. The settlement never made mention of the need for UCC certification for the corporate equipment - to prove it was owned by the corporation. I had mailed the Temp Administrator the photos of the equipment in the home that belonged to the corporation as the court had ordered. The equipment was never listed item by item in the settlement but was listed by photos and mailed to the temp administrator who did not object to the list and photos.

When it came to collecting the equipment the estate held back about $9,000 worth of equipment and refused to turn it over. I had to retain a new attorney as the Judge allowed my original attorney to withdraw without a hearing in spite of my contesting the motion to withdraw. The original attorney quit when I asked him to file a motion for judgment.

The new attorney filed the motion for judgment but failed to request a valuation from the court on the undelivered property to be entered into the judgment. Right now a judgment has been entered without a value and only states that I am entitled to corporate equipment being held by the estate. I filed a claim of lien against the real property owned by the estate....but no value is attached to it because the court was not asked to declare the value that I proposed. I listed the equipment on the claim of lien and I gave it a value. Not sure if this has any meaning. The estate intends to sell the house to the decedent's sister and she may not care that there is a claim of lien as she is purchasing the home for cash and probably will never take out a mortgage or loan.

I was told by an attorney (who is friend) that I should make a motion for an inquest hearing to determine the value of the undelivered property so that a value can be added to the Judgment. I was also told that I might be able to get a Writ of Attachment and have the Sheriff go into the home and take the property out (if it is still there). As I was leaving the court after the judgment was entered one of the estate attorneys mentioned that if I did not have a UCC certification for all the corporate property that I would be unable to prove that the remaining corporate property was actually corporate property and did not belong to the estate - and therefore would be entitled to nothing. Seems like the original settlement was nothing but a trick. I have a letter and emails from the temp administrator agreeing to the corporate equipment in the home along with the photos of each piece. No mention of a UCC certification was ever brought up during trial or when the settlement was being written and agreed upon.

I am not sure how to go about getting a Writ or if Attachment. Do I require an attorney to do this? Does the Sheriff serve a Writ upon the Estate? Must I be there in person if I get one and the Sheriff goes into the home. I am not sure if the equipment is even still there and what its condition is if it is there? If the Estate sells the house then do I still have a right to serve a Writ upon the sister of the decedent who will be the new owner?

At this point I would rather have the $9,000 in cash - cost of replacement value for all the non delivered equipment.

Please help....the new attorney has bailed out after he did not fulfill his obligation and after a worthless judgment was entered. I will go forward pro se at this point ...and I tend to think that an inquest hearing for valuation of the property might be the better way to go if there is such a thing and if not please inform as to what can be done. Do I have to sue the sister personally for the default as she signed the settlement and then did not deliver. I want a real dollar amount entered on to the judgment or even the equipment itself (if it is intact). How can I achieve either or what else can be done if anything?

Thanks for a reply.
Submitted: 3 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 3 years ago.
Has the estate refused to turn over the equipment after the judgment was issued ordering them to do so? When is the sale of the house scheduled for?
Customer: replied 3 years ago.
Yes the estate has refused to turn over the equipment after the judgment was issued. I am not sure when the house sale will take place and I am not sure how to find out if it has or when it is scheduled. Do you have any idea how one can learn in advance of a closing when it will take place?
Expert:  Richard - Bizlaw replied 3 years ago.

You are not limited to two options. I would start with an attachment from the sheriff to get the property. The cost of the sheriff will be in additional cost to the judgment debtor. I would also move for the inquest to get a value on the equipment so you can levy on the estate proceeds from the sale if the equipment is not there. The pictures will identify the equipment.

 

On the inquest, include the cost of collecting the equipment as it was improperly taken in the first instance. Then you can get the dollar amount added.

 

Lastly, you can do post judgment discovery and get the date of the sale.

 

I would get the inquest started immediately. You can get the sheriff to act on the levy immediately also.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8650
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 7 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
Another situation ......question:

I retained an attorney in the estate case in Texas - the first attorney I worked with. She filed a claim against the estate for a personal IOU the deceased had signed for 18K. In Texas there is a statute that requires that the Plaintiff file suit if within 30 days of filing the claim the estate administrator does not respond. In my case there was no response within the 30 day window. My attorney was then obligated to file suit against the estate for the payment to me of the IOU. She had 90 days to file suit to insure that my claims would remain valid and active. I did not know about the 90 day window because my attorney never advised me of it nor did she file suit. I learned after retaining a second attorney at her request....two years later that my claims were denied by the estate because she had not filed within the 90 day window according to statute. I filed a complaint against her with the Texas Bar association but she was exonerated. The Texas bar had a closed meeting about this and they refuse to explain how or why their deliberations exonerated the attorney. This is a clear legal malpractice suit. I intend to sue her for the money I lost, the attorneys fees I spent and all interest from the date the loan went into effect to the present.

I retained the attorney in June, 2006 but did not learn that I had lost my rights to the claim until July, 2009 as I was not made aware by either attorney of Texas law regarding this situation. Since the four year statute from the date I retained the attorney expired in July, 2010.....can I file suit claiming that I did not learn that I was damaged until July, 2009 and therefore I would have four years to sue from that date?

Thanks for a reply.

Jane
Expert:  Richard - Bizlaw replied 3 years ago.

Your suit would run from 2009 when your claim was denied not the original date of the retention. Your claim did not ripen until your claim was denied by the administrator which is also when you would have learned of the malpractice.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8650
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 7 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
I have one more question: The Temporary Adminstrator allowed the real property to remain unlocked and it was robbed. He also failed to deliver the property to me that was designated under the settlement. He was bonded. Did he have any fiduciary or duty of care to me as the sole surviving shareholder of the corporation to protect the property or was it my attorney's obligation to file for an injunction to place the corporate property in safe keeping somewhere if in fact the Administrator had no fiduciary to me?He was bonded.....if I am unable to recover the property under the writ of attachment can I place a claim against the Administrator with the bonding agency?
Expert:  Richard - Bizlaw replied 3 years ago.

Yes he had a duty to maintain the property in safe keeping under his obligation to the estate. His responsibility is to protect the assets of the estate and deliver it to beneficiaries or to anyone to whom the estate had an obligation. If he was negligent in his duties and as a result property was loss to the detriment of the estate, then I believe the bonding company is liable. I believe his obligation is to the estate to minimize its liability. By allowing the property to be lost he has exposed the estate to unnecessary liability and therefore the bonding company is liable. You may have to bring suit against the estate and the bonding company.

If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 3 years ago.
Just to clarify......if I file a claim against the bonding company .....is there any scenario where they will pay without a lawsuit being filed first? If I have sufficient evidence is it possible that they would settle with me to avoid the expense of litigation?

Expert:  Richard - Bizlaw replied 3 years ago.

You would only file a lawsuit if you could not reach a settlement with the bonding company. You want to notify them of the claim and present all the evidence that substantiates your claim. Only if they do not agree to a settlement would you file suit. That suit would be against the executor and the bonding company. The person liable is the executor and the bonding company is like an insurer.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

 

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA