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My attorney has made a settlement of a claim against the

estate in which it was...
My attorney has made a settlement of a claim against the estate in which it was stated that All other matters, if any, between the claimant and the Estate are hereby resolved that was filed with the court as well as the signed receipt for payment and now the claimant has brought 2 additional claims against the estate. I want my attorney to file for a pretrial Dismissal based on the settlement that was court approved but he is saying that I do not understand legal civil procedure and legal strategy.
Your comments please.
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Answered in 1 hour by:
6/19/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19,845
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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If the settlement stipulated that all claims against the estate by the claimant are now resolved with the payment of the claim, then the claimant should not be allowed to file another claim because the additional filing against the estate would be in violation of the terms of the initial settlement. So, based on the information that you have provided here, it would be prudent for you/your Attorney to file Motion for the disallowance of the additional claims by the same claimant and attach a copy of your settlement agreement and evidence payment to the Motion.

Best wishes,

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Customer reply replied 5 months ago
From my initial question: Given that my attorney stated that I do not understand legal civil procedure and legal strategy, can you site civil procedure and legal strategy wherein the claimant is disallowed additional claims?
Customer reply replied 5 months ago
Thank you. I could not tell that it had been sent.
Customer reply replied 5 months ago
I have requested a new Attorney because I was working with the original attorney at 3AM this morning and since he has not answered yet, I thought maybe he was not available yet and I am crunched for time.
From my initial question:
Given that my attorney stated that I do not understand legal civil procedure and legal strategy, can you site the civil procedure and legal strategy wherein a claimant who has settled all claims against the estate in court is disallowed additional claims against the same Estate?
Attorney2
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I am a different Attorney and it will be my pleasure to assist you. A settlement is like a any other contract, once it is agreed to it is binding. If another claim was filed there needs to be a motion to disallow as the matter was settled. Can you tell me what the new claim provides?

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Customer reply replied 5 months ago
My attorney advised me that I did not understand legal civil procedure and legal strategy in an email he cc'd to an attorney who was recommended by my Pastor to help me with getting my Attorney to reduce his fees and actually help broker closing the estate. The new claims are (1) To quiet title on the property owned by my deceased Uncle of which I was the Trustee and had a Will. (2) in a different court, a claim to "make the estate whole to carry out his true last will and testament. Although my papers, Will, Irrevocable Trust, POA, Deed were all provided in a Guardianship Case that was initiated to get the caregiver our of his home so that he could return, the caregiver have never provided her Will of POA upon which her cases are based. The settled Probate Case was for the alleged (1) 24/7 caregiver services and contract from July 1, 2014 to April 14, 2015, that we showed was bogus; (2) the return or the value of belongings left when the claimant was removed from the my Uncle's home by the Police, that she refused to pick up on the appointed day made at the Police Station but later hired and locksmith and was breaking into his home when the Police removed her again; and (3) Contestation of a Will, where she has yet to present it or the POA for April 18, 2015 she claimed to have.

I read this in your earlier post. I was under the impression your question involved a settlement and what happens if one of the parties seeks damages after settling?

Based on the new information you provided this matter was not settled?

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Customer reply replied 5 months ago
The settled Probate Case was alleged for (1) that she was an Unpaid 24/7 caregiver from July 1, 2014 to April 14, 2015 due $19,680 when documents show: she was paid by the Agency who employed her from June 10 to Sept 5, 2015 and paid her to care for my Uncle from June 30 to July 31, 2015 and other clients for whom we have signed time sheets, after which my Uncle paid her directly from Aug 1, 2014 to Mar 5, 2015 when he was admitted into the ER never to return home. But also she continued working for the Agency until Sept 5, 2015 when she told Uncle Fred in a note that she was fired for helping him. However, she had instigated the hire of caregivers from Healthcare Plus caregivers documents show that the Dept of Aging paid from Aug 30, 2014 to Mar 05, 2015 to share her caregiver services for my Uncle who needed 72 hrs of care every other week to receive chemo therapy. We did not understand that she was sharing caregiving with the Agency we thought she worked for the Dept of Aging. We had to get the records from the General Counsels Office in Springfield to prove the dates and time of Service. This was important to satisfy the 90 day waiting period required to activate his LOng Term Care Insurance which would have starting paying a major part of his care. We knew nothing about Grace's antics until after my Uncle was admitted into the ER where she took him saying she could no longer be his caregiver and left. By this time she realized that she would not ever be paid by his Long Term Care Insurance that would have provided $38,000/ year for 24/7 live in services by a caregiver. Which was when her actions increased that resulted in my Uncle being taken to to the ER by ambulance. She had already instigated bogus Property Manager Papers and 2 different POAs, the latter of which she would present to the Guardians Probate Case on May 7, 2015. On Mar 5, Hospital records show that the ER Resident called me as I was registered via his Social Worker as Niece who had helped with the arrangement at the U of C hospitals for his chemotherapy treatments and care. The U of C Social Worker also recommended the caregiver service who brought Grace in. After we visited my Uncle at the hospital and found he did not have his eye glasses and working end of his cochlear implant hearing aid, we went to his home with the Police trying to get it. After we could not get in the Police told us to call a Locksmith and to call them back. We went to the next door neighbors on our way home and found that the wife had been acting as my Uncle's lawyer for several years, which was a surprise because I knew his long time attorney who in 2004 had drafted a Power of Attorney for Health and a Will for me. Well the next door neighbor called next door and the care giver answered as was asked to pass out the eye glasses and hearing aid but refused. So that evening we made a Police Report out about this incident on Mar 10, 2015 but did not want to spend the money to hire a locksmith and pay for keys because my Uncle lived in a rooming house that he owned and had tenants. We eventually had to have her removed by the Police based on the Police Report and by this time I also had the POA, Irrevocable Trust, Deed, Will etc. When she was taken to the Police Station, an appointment was made for her to pick up her belongings that she did not keep and I had hired a prospective caregiver from the same agency to help clean up my Uncle's home for his return. On April 15 when we had her removed we found to our surprise all his personal papers along with hers strewn over the floors of his apartment, which we removed and had the tenants who witnessed the scene sign a paper saying we had removed only the papers on the floors and his personal paper for his rooming house. When we got home we found document and Police Reports showing she was involved with the loss of his car, that she and her boyfriend had been driving while he was in the hospital for which she had reported it stolen and the lost to his car insurance agency and on and on including crimes of shopping when he was living;
(2) The return or the value of belongings left when the claimant was removed from the my Uncle's home by the Police, that she refused to pick up on the appointed day made at the Police Station but later hired and locksmith and was breaking into his home when the Police removed her again; and
(3) Contestation of a Will, where she has yet to present it or the POA for April 18, 2015 she claimed to have. Grace was paid a settlement
The Federal Case is listed as Nature of Suit: 320 Torts - Personal Injury, Assault, Libel and Slander. Cause: Federal Question The Caregiver Complaint states that during her employment she was subject to slander, harassment, blockage and prevention of her doing her work, due to plans and schemes to fraudulently gain control of his home. She was removed from his home unlawfully and my attorney made it possible for me to sale his home.

I am sorry I do not understand your specific question.

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Customer reply replied 5 months ago
The Chancery Case, filed Sept 1, 2016 on the day after she accepted the Probate settlement (Aug 31, 2016) is a Claim to Quiet the Title to the Property of the Estate based on an another alleged April 18, 2015 POA, with the said POA listing the fiduciaries, myself, my husband, my Uncle Lawyer. My Uncle died June 5, 2015.It is a complicated story and the facts and documents including Police Reports, a number of other Court Cases, some of which covering the same time period where she is claiming to be unemployed with her last employment being June 2015 to Aug 2015.

Are you asking a question about the settlement?

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Customer reply replied 5 months ago
sorry, these cases have me going in circles. I really need help. You had said: I read this in your earlier post. I was under the impression your question involved a settlement and what happens if one of the parties seeks damages after settling?
Yes, this is the case. There was a settlement to the Estate Probate Case that was opened Sept 19, 2015 after my Uncle died June 5, 2015. There were three issues in the caregivers Feb 23, 2016 claim. (Note my Uncle died during the Guardians Probate Case that was opened May 7, 2015.) We eventually settled the claim. To quote the Aug*****Order: The claim of (caregiver) is hereby settled for payment of $2,500 by the Estate to (caregiver); on or before Sept 2, 2016. All other matters, if any, being hereby resolved; This matter is set for Sept 19, 2016 at 10:00 AM Closing . On Sept 2, the caregiver signed a receipt pursuant of the court order. the claimant to resolve. On Sept 1, 2016 the caregiver filed the Chancery Case.
On Sept 26, 2016 the caregiver filed the Federal Case against the Estate. I hope this helps.

If the case was settled any new case on the same matter would need to be dismissed. A motion to dismiss would be filed based on the fact that this was settled.

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Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it.

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Customer reply replied 5 months ago
Getting back to my initial question, which is why I contacted you, my attorney stated that I do not understand legal civil procedure and legal strategy. My Question: Can you site by number codes listing civil procedure and legal strategy wherein the claimant is disallowed additional claims?

I have no idea what you attorney is referring to. If a case settles the case is dismissed based on the parties settling. You merely need a copy of the order ending the court case. I think the Attorney is confusing you unnecessarily. Can you get a copy of the case where the case was dismissed?

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Further the actual settlement agreement sets out the rights of the parties. Since the case was never decided by the court only the settlement is followed just like any contract. There is no civil procedure involved here or case law. Settled means the parties came to an agreement outside of a court ruling.

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Customer reply replied 5 months ago
I have a Court Stamped dated paper with the name of the Judge on a hand written form (Rev.02/04/05) CCG N002 upon which the Estate of (Deceased) v Probate Cal 02 (Stamped) with Agreed (script) Order (typed). With my Attorney's Numbler, Name. Atty for (Estate) Address etc. stamped at the bottom. And the settlement language is in hand script. The Docket for this case Notice of Motion for this date by my attorney. and Misc Order Allowed by the Judge. and on Sept 19, 2016 Receipt and approval of closing of independent Administration by my attorney.
What can be used of these documents? What is involved in presenting the ruling in Court?

An Agreed order means the parties agreed you would present that to the court if any new actions are filed.

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Customer reply replied 5 months ago
I am in Chicago and the courts are Cook County Court and the State District Court. How do I find a lawyer who is familiar with presenting these papers for a Dismissal. What would be involved? How many appearances would be needed. How much do you think I should be charged?
Customer reply replied 5 months ago
I forgot to remind you that two actions have been filed already. My Lawyer responded to the one filed in Chancery Court for Dismissal based on Lack of Standing. However, the Claimant charged my lawyer with trying to bribe the judge and a new judge and new court date has been set. I want him to file based on the settlement, which I believed would be the most efficient use of my funds. The case that was filed in Federal Court by my Lawyer who rushed to file Lack of Subject Matter Jurisdiction before a summons was issued and without my knowledge. The case was filed Sept 26, but since the claimant had not paid a filing fee the judge did not look at it until Dec 20, 2016 as she was made aware that my lawyer had filed and had been given a court date of Dec 21. So the judge ruled on Dec 20, Sua Sponte and Lack of subject Matter Jurisdiction and she told the claimant that she should have filed in State Court, so I am sure we will see it again. I want my lawyer to reconsider his bill for this case as well as the Chancery Case. . The ju
We are a general information site. I cannot walk a customer through the steps for their case I can tell you that if a cased is filed you let the court know the case should be dismissed based on the fact that the case was settled. You use the court paperwork from the settled case to show all parties agreed. I am sorry but we a great going around in circles. Please contact a local Attorney. Thank you.
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If you believe there is corruption going on in the court please contact the State Attorney General.
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Customer reply replied 5 months ago
Could you at least suggest how I could find a competent lawyer to assist me?I am in trouble.
You can contact the State Bar Association. They are able to refer Attorneys.
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Thank you for using JA. We appreciate your business.
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Customer reply replied 5 months ago
They assign lawyers lined up on a first come first serve basis.
Any other suggestions of what to look for? There are lawyers and there are Lawyers, some may have more experience with bringing dismissal against a well practiced dodgy claimant who litterally fill the dockets of the Federal, Chancery and Probate Courts.

Yes, please contact the State Bar Association so you have your own attorney. There are also referral services through the American Bar Association and Martindale Hubbell. Again thank you for using JA.

I will need opt out if you are unable to accept continued patience and assistance as am now the second Attorney on this site to work with you.

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Customer reply replied 4 months ago
I hope you will remember our conversation above. I have repeated some of the issues here for my new related question.The caregiver of my deceased Uncle who owned a rooming house in which he lived, of which I became the owner as Trustee of an Irrevocable Trust, with a Will and Deed and thereby paid expenses for the May 7, 2015 Guardian Disabled Person Probate Case when he died and where the caregiver was listed as having a Power of Attorney that had been proven to be bogus.
My Attorney, who was hired June 2, 2015 just days before my Uncle died, opened a Probate of the Estate Case that was closed Sept 19, 2016 in which I settled with the caregiver who brought 2 fraudulent Motions against the Estate Feb 23, 2016. But by August 31 when we settled tens of thousands of dollars had been spent by my attorney in court with the caregiver. Probate of the Estate was opened Sept 15, 2015 and I was rescued with the help of my Pastor's attorney who brokered a settlemenht that read "...Settled her claim against the estate for a payment of $2,500. And for all other matters, if any, between the caregiver and the estate are hereby resolved. This matter is set for closing Sept 19, 2016..." which was Paid according to court order Sept 2, 2015 for which we have a signed receipt. The Final Report was given Sept 19, 2016 when the Estate was Closed. However, on Sept 1, 2016 and Sept 26, 2016 she filed 2 new suits. One in Chancery court to Quiet Title to his home, which had been sold, and in Federal Court where she filed under Personal Injury, Assault, Libel and Slander during her employment as a caregiver with an Exhibit claiming she was never paid for her services for and also stating she had the true Will that she did also not produce.
My questions are 1) my Attorney filed a Motion to Dismiss the Chancery Case based on a "Lack of Standing" that is still in court. I wanted him to file for Dismissal based on the Settlement which I believed would be the most expedient of the two. Who is right? The Helper Lawyer is urging me to pay him. I do not understand. He says this case is more of a procedural case than a factual case?
2) He found the Federal Case Oct 20, 2016 (he did not say how) and sent me a copy, a summons had not been issued, it had not been reviewed, he filed a Motion to Dismiss based on Lack of subject matter Jurisdiction with a court date of Dec 21, 2016 without my approval. But the judge Dismissed it Sua Sponte Dec 20, 2016. I had found out Nov 1, 2016 that the same caregive had filed a similar case that very same day in Federal court 09226 (our case is 09227), that was dismissed Sept 27, 2016 Sua Sponte. I want him to refund my money that he charged against the retainer fee. He was named as a defendant in this case. Who is right? This action was not in my interest. What should I do. He is asking for another retainer. I have no one to represent me. Please help. I am in Illinois.
Please open a new question. Thank you.
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Customer reply replied 4 months ago
How do I get a continuation on this same question?

Customer Service handles all customer account and customer access information. Thank you for your understanding.

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