AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.
I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.
Experience Experience in the area I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations belong to State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question QUESTION: I asked this ? the other day but your website said you were on vacation. I am not sure of how your site works. Do you just post interesting and varied ?s or do you respond and give suggestions (not advice!). My brother is the executor of my mother's estate. He still owes me $3,000 or $3,500 but ignores my letters and does not return my calls.
Any suggestions that will not have me spend more than I could possibly gain? What about including my legal fees to what he owes me? Or am I dreaming again?
ANSWER: Jim,
Thank you for your tenacity. This is not my site and I merely answer questions without providing legal advice.
You can try a number of things. First, send a certified letter. This may get the executor's attention. Second, you can file a Motion to Receive an Accounting with the Probate Court in your jurisdiction. You can speak to a probate attorney and be advised as to whether your attorney's fees are recoverable. Ask about a lawsuit for breach of fiduciary duties. You can also try suing in Small Claims Court where attorneys are generally not allowed.
Very truly yours,
Paul D. Friedman, M.A., Ph.D., J.D.
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QUESTION: The will was never probated and he co-mingled the funds with his own checking account and he is in a different state (he in MA me in CA). MA Small Claims limit is 2K. Thanks for the tips though, I really appreciate them.
Answer Jim,
No problem. You can try filing in California and allege that the executor owed you a duty in that state. You may have problems getting jurisdiction or you can file in Massachusetts and request the full jurisdictional amount.
