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My question is regarding probate claims and filings, and it…

Customer Question
My question is regarding...

My question is regarding probate claims and filings, and it is complicated

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

Ga, yes I have an attorney currently employed

Lawyer's Assistant: Has anything been officially filed? If so, what?

Yes, but I think my attorney may have filed incorrectly

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My fiance passed away suddenly in 2015, at the time we were working together on a commercial real estate transaction and I had 858,000 in his account ( all 100% sourced and verified). my attorney placed a claim on the estate, however, now my fiance's x wife has come forward with a claim for 250K for a life insurance policy my fiance did not keep. However, the life insurance policy was named to my fiance's brother ( fiance has one daughter now 20). My fiance's brother issued 250K in a living trust to the daughter but the x wife is still trying to get the 250K from the estate. My attorney says since it was court ordered she may actually get 250K from my money. So, I mentioned it was complicated: questions 1 did my attorney file correctly or should he have filed us as business partners 2. can't my attorney fight back on unjust enrichment or "clean hands doctine" ( x did not adhere to divorce decree stipulations either. It appears the x is trying to double dip here.

Submitted: 2 months ago.Category: Business Law
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Answered in 4 minutes by:
12/11/2017
Business Lawyer: Damien Bosco, Attorney replied 2 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Business Law
Satisfied Customers: 3,673
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Did the court ever determine that the money in the account is your money? It sounds like the court has not addressed the issue of whether the money belongs to you yet.

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Customer reply replied 2 months ago
the probate admin has acknowledge the claim ( this has been going on two years). We have a mediation set for the 20th of this month, the fly in the ointment is if the x wife is still pursuing her claim for 250K for the life insurance not being named to her. Did my attorney file correctly as a claim on the estate or should it have been as a business partner. There was a 3rd business partner working on this RE deal that had 670K in my fiance's account. When the property did not close the 670K was wired back ( proof that the money was for the RE deal). My fiance passed away before the property closed. All monies are sourced
Business Lawyer: Damien Bosco, Attorney replied 2 months ago

Okay. Hold, please. Reading your response and replying...

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Business Lawyer: Damien Bosco, Attorney replied 2 months ago

Yes. It would be a claim against the estate based on the fact that you were business partners and the money deposited was your money in pursuit of a business venture. The Judge will have to decide or have a hearing on your claim.

We can continue to discuss this. Just let me know if you have further questions.

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Business Lawyer: Damien Bosco, Attorney replied 2 months ago

Do you have any further questions? I know the answer may not be quite what you want to hear but at least you know you are following proper procedure. I want to make sure you got what you need at this time.

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Business Lawyer: Damien Bosco, Attorney replied 2 months ago

Hello again:

Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars at no extra charge so I can get paid for the service I provided to you. Best regards.

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Business Lawyer: Damien Bosco, Attorney replied 2 months ago

Hello again:

Just checking whether you got all that you needed from Just Answer. If so, let me know. if not, let me know. Thank you.

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Damien Bosco
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