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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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I PAID OFF A DEBT OF MY DECEASED HUSBAND THAT WAS SECURED BY

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I PAID OFF A DEBT OF MY DECEASED HUSBAND THAT WAS SECURED BY A MORTGAGE AT THE INSISTENCE OF MY LAWYER EVEN THOUGH IT WAS NOT MY DEBT NOR DID MY NAME APPEAR IN ANY OF THE DOCUMENTS RELATING TO THE LOAN/DEBT. I HAD FELT....STRONGLY, THAT IT SHOULD HAVE BEEN PAID BY MY LATE HUSBAND'S ESTATE., THE ESTATE HAS BEEN DIMINISHED TO A MEAGER AMOUNT....$220+K AND ALL CLAIMS WILL BE PAID AT ABOUT $.60 ON THE DOLLAR...I AM IN THE HOLE FOR $75k. CAN I DEDUCT THAT LOSS FROM MY LEGAL FEES...TO DATE ARE $62K...THAT I HAVE PAID...THERE WILL BE CONTINUING FEES BECAUSE STEP-DAUGHTERS ARE SUING ME PERSONALLY AND AS EXECUTRIX IN CIVIL COURT FOR OUTRAGEOUS ISSUES REGARDING THEIR PARENTS' DIVORCE AGREEMENT. I AM WIFE #2

You cannot deduct any loss from your legal fees. The legal fees should be paid from the estate, and should be paid prior to other creditors getting their money. The creditors should be getting less return perhaps. You should talk to the lawyers about priority in the estates payout of debt obligations. The payout order is funeral home, attorneys, other creditors, and benficiaries.

 

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