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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 20597
Experience:  30 years experience representing clients.
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You help me yesterday and I have another question that I would

Customer Question

You help me yesterday and I have another question that I would like you to address. It is still a Maryland Probate Case. I would like to file a motion for reconsideration due to new information. I was the executor in my fathers case and a judgement was order against me for failure to pay furneral expense use priority order. I have now found out she was reimbursed by VA Admin and went to court and lied about reimbursed. I have a judgement against me for this bill and need to get it reversed
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.
Thank you for following up with me.

Yes, this remains under the jurisdiction of the original probate court.

You may want to reconsider filing pro se. If the amount at issue is substantial enough to justify the expense of retaining counsel, it could greatly increase your odds of prevailing.

Thank you.

JudgeLaw
Customer: replied 1 year ago.

The judgement amount is $4500.00 and the lst time I talked to an attorney he wanted $5,000.00. I also need to get a court order for VA to release the information. The legal expense may exceed the judgement amount. I am trying to keep my expense at a minium. The new Executor should also be held accountable. How to I go about filing against is malpriactice policy for particle reimbursement, or can I request to attorney to do this? He sold property and did not pay the funeral expense and he is a legal professional. The bottom line is she has already been paid for funeral expenses. Lied under oath.

Expert:  Loren replied 1 year ago.
Thank you, Sherry, for the additional information.

Yes, it does not make much sense to spend $5000 to save $4500.

A couple of thoughts I had:

You may want to raise the issue of "harmless error". In other words, yes, you did not follow the correct priority of payment, but the beneficiary was made whole by the VA. There were no actual damages.

If there was malpractice by your attorney then you should be able to find an attorney to handle the case on a contingency fee basis.

I hope this helps.

Thank you.

JudgeLaw
Customer: replied 1 year ago.

Can you tell me where I can fine examples or sample of a file Motion for reconsideration and line of defense I need to use to suppoose the petition.

Expert:  Loren replied 1 year ago.
Thank you for following up with me.

A motion is not "form," it's a motion, and by its very definition, is "drafted." There are no "pre-filled" motions generally. Each one is different, and there are many variations.
Do not be worried about format. Since you are pro se, the substance of the motion will be far more important than format. Your argument will be the main point. That argument should be that the beneficiary failed to disclose to the court that they had no funeral expense because they were reimbursed by VA.

The clerks in the court will be able to help you set the motion for hearing.

Thank you.

JudgeLaw
Expert:  Loren replied 1 year ago.

Sherry,

 

I am unclear as to why you rated my service negatively. If I misunderstood your question I apologize. Is there further information I may provide to help clarify my answer? I am happy to answer your follow up questions until you are satisfied.

JudgeLaw

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