haresfur wrote:

 Red_Dragon wrote:

I'm not sure the recovery would be worth the additional aggrevation.  Assuming that there aren't any financial damages having to go through probate.  If there are....then....maybe.

I spent the better part of 2 hours reconciling bank statements for my wife, who is trying to get a tax clearance certificate from the State of NJ.  Her aunt died with no lineal descendants, so NJ takes 15%.   Thankfully, she signed off on her first will 10 days before she died.  If this had gone to probate, I don't know that anyone would have seen it through all of the BS.

The real bitch of paying the taxes is that you can't get ahold of your money without the clearance certificate (banks will only release half...they have to reserve half for the certificate... effectively doubling the amount of work), and you only get it by having the cash to pay the tax.   So...if you have IRA's or houses or some not-so-liquid assets, you have to sell stuff before you can pay the taxes (due 8 months after death).  Some actually have to borrow.

Having run that gauntlet on a relatively small estate...NJ has taken 6 months to review it.  That creates other issues like additional trust returns.  What a total mess.  Good thing she didn't have any real money, or this would be beyond miserable.

 ScottFromWyoming wrote:

What a mess! Poor Justine! Sending lots of love.

 ScottFromWyoming wrote:

Lawyer up and sue that lawyer. Gawd, what a mess.

Justine's mom passed away a few months ago. She was Very Good about making sure all her I's were dotted and T's crossed, and so had had an estate attorney handling all that stuff that needs to be thought of and handled. The lawyer never filed the paperwork that put the house into a trust; a copy of that paperwork is in Justine's hands right now; no indication that she or Kay were supposed to do anything with it. The lawyer has retired and calls to her number/email etc are unanswered. So after whatever money went to that lawyer, it's still going to probate.

 haresfur wrote: 

What is a photocopy machine?

 Red_Dragon wrote: 
Well, there is a provision for 'frivolous suits', maybe they could invoke that more often. Regardless, the attorneys will take every opportunity to make a buck on someone's stupidi... er, bad fortune. The Judiciary needs to put limits on what they allow to go forward.

On the other side of the coin, bad actors do need to be held accountable. Particularly companies that disregard safety regulations, for example. But when some clown can sue for stubbing his toe, it cheapens the whole process. 

 Proclivities wrote: 
Probably more like his mom was holding him by the ankle during a Dennis DeYoung concert.  That'd be enough to do anyone in. 

 ptooey wrote: 
I don't think it's pedantic, but I guess that guy's mom was also holding him by the ankle when she dipped him in the River Styx.  Anyhow, so far all the article says is that the guy's attorney had filed a suit; whether it will ever make it to a courtroom remains to be seen.  Considering the original source is the NY Post, I have reservations as to whether or not the story is even true.

*edit -   There is a divorce attorney named Andrew Spinnell who handles "school-related personal injury" cases.

 cc_rider wrote: 
I'd go a step further: fine the lawyers who bring the cases to them. They'd get the message even quicker.

 Red_Dragon wrote: 
I believe the Judiciary has abdicated its responsibility. Seriously. Judges have allowed cases to go forward that should never have gone to trial. It's the judges who have allowed the system to run rampant. Since they are lawyers too, they know if they let those civil cases skyrocket, they can get a piece of the action.

if judges had the courage to start telling these ridiculous plaintiffs to get out of their courtroom, the attorneys would get the message right quick. 

 ScottFromWyoming wrote: 
Meaning he had surgery on his Achilles tendon, not his Achilles heel.  Pedantic?  Maybe.

 ptooey wrote: 
He tried to do a Jackie Chan/parkour move and hit the face of that boulder on a run and launch himself to the top. His achilles popped and he fell to the ground. Substitute "me" for "he" and that's pretty much my story. It hurt. I didn't sue anyone. 

 aflanigan wrote: 

Stock ended up having surgery on his Achilles heel...

This is exactly the sort of thing that makes the justice system something to laugh about. The fact that attorney would take the case and a judge not throw it out is quite ridiculous.

I wish I were quicker sometimes. I did the exact same thing on a small rock outside of Wendy's. Talk about your deep pockets! I just limp around and got some clogs to help baby the heel. Maybe in a couple years it'll be better. If I'd lawyered up maybe Wendy's would have bought my shoes.