Question
please help me decide what information to put in a memorandum to address the loan to the sons and Jordyns request for caretaker fees for
please help me decide what information to put in a memorandum to address the loan to the sons and Jordyns request for caretaker fees for the following case of probate.
Probate - General
Facts: Pop, aka Tim Binion, was a 73-year-old man (DOB: 5/10/1950) who resided in St. Petersburg, Florida. He died intestate on August 1, 2023. He left behind his three children, Jack, 35; Jeff, 32; and Jordyn, 27. Pop owned a cabin in Greensboro, North Carolina and a house in St. Pete. Up until his death, Jordyn was his primary caretaker and had been for around 2 years. During that 2-year period, both sons were given $20,000 each by Pop. Jordyn believes Pop's intent was to give loans and not gifts. This was obviously evidenced by Jordyn's recollection given in her initial client interview. Jordyn wants the loans repaid to the estate. Her brothers disagree.
Jordyn has also presented an additional issue. Being that she had quit her job to care for Pop, she now wants compensation in the amount of $40,000 for the last 2 years. She also expressed that this was Pop's intent.
Guidelines:
1. Open estate for probate
2. I need to make appointment for a personal representative
3. Final Accounting to Discharge
4. I need a memorandum to address the loan to the sons and Jordyn's request for caretaker
fees.
Documents Provided:
1. Client Intake Sheet
2. List of assets
In Re: Estate of Tim Binion
FILE No. 23-009
Nature of Asset Approx. Value (please determine)
Real property (Homestead) & (subject to mortgage) $ 250,000.00
1979 Chevy Impala motor vehicle (with 32K miles) $ 4,000.00
(need to assess actual value)
Household furnishings & personal property $ 5,000.00
Cabin in North Carolina $ 185,000.00
Disney Stock Certificates $ 75,000.00
Bank of America Checking Account $ 8,000.00
TOTAL VALUE: $527,000.00
Initial Client Consultation Interview Form
The purpose of an initial consultation is for the attorney to advise you, theprospectiveclient what, if anything, may be done for you, and what the minimum fee therefore will be.The purpose isnot to render a definitive legal opinionas it may be impossible to fully assess a matter within the time frame allotted for a consultation or with the (information or documents) that you may be able to provide at the initial consultation.
One of three outcomes is possible following your consultation.
A.You and the Attorney mutually agree to the terms of representation, or
(After a separate document called an Agreement for Representation is signed, a copy will be provided to you.)
B. The Attorney declines representation, or
C. You decide not to use the services of the Attorney.
Note: The following questions will help us to understand the reason for your visit today. Your responses are protected by attorney/client privilege and will be held in strict confidence.
Name | Binion | Jordyn | A |
Last | First | Middle or Maiden |
Address | 1234 Raintree Dr | St. Petersburg | Fl | 33713 |
Number Street | City | State | Zip |
Home Phone | ( | 727 | ) | 794-3345 |
Briefly explain what you may need advice about or assistance with today: My dad died on 8/1/23. He did not have a will. I cared for him for 2 years and did not work because of that. My 2 brothers, Jack and Jeff, borrowed $20 grand each and they need to repay his estate. They claim is was a gift. Pop had a lot of assets. We need his estate cared for.
Are there other parties involved? (Examples: a friend, an employer, a neighbor, signor of a contract, etc. This should include people or parties on either side of your issue)
Party: Jack Binion Relationship: Brother
Party: Jeffrey Binion Relationship: Brother
On the lines below, list the documents (papers) that you think may help us to understand the issues.
(1)n/a (2)________________________________________________________________
(3)________________________________________________________________
(NOTE:Any documents you supply that are important to your matter will be photocopied, with your permission, and your originals returned to you at the conclusion of the initial interview.)
Ideally, if things turn out precisely the way you want, what would the outcome be? I am the personal representative. Or at least I should have been named as such if there was a will. The boys' loans need to be repaid and I am compensated for taking care of Pop.
Knowing that there are no guarantees, what can you accept? Personal representative of the estate.
Please classify your urgency in concluding this matter? (Check One)
[X ] Critical - Personal safety or continuation of business depends on it.
[ ] Very important - severe hardship, personal or financial inconvenience if matter is not
resolved quickly.
[ ] Important - Matter interferes with business or personal financial stability.
[ ] Needs to be done, but no immediate hardship in the interim.
[ ] Just thought I'd see if it was worth pursuing, but I'm not counting on anything
[ ] Just wanted to know what my rights are? I'll then let you know after I think about it.
If the matter involves payment to you of money you feel you are owed, how long can you wait before not getting paid? 1 year
(Days, Weeks, Months, Years)
Are we the first attorneys you have consulted regarding this matter? [ X] Yes [ ] NO
If No - Why didn't you hire their services? __________________________________ ________________________________________________________________________________________________________________________________________________
Have you ever been represented by an attorney before? [ ] Yes [ X ] NO
If Yes - Please state the circumstances _____
How will you pay for your attorney's fees in this matter?
[ ]Check today [] Cash today [ ] Contingency Fee [ ] On Account
[ ] Credit Card Credit Card No.______ ___________________ Expr. Date ______
Marital Status: [ ] Married [X ] Single [ ] Divorced [ ] Widowed [ ] Separated
Driver's License # Social Security # 333-48-9857
Are you known by any other names? [ ] Yes [X] No
If yes what name(s)______
(A fictitious name, a nickname, a former name,
your maiden name etc.)
Where are you employed? No where
May we contact you there? [ ] Yes [ ] No Phone No.
If your mail is returned as undeliverable or your telephone service terminated, please provide the name of someone (friend or relative) you believe will always know how to contact you.
Name_________________________________ Relationship ______________________
Address _________________________________ Phone No. (___)__________________
City____________________________________ State & Zip ________________ _____
How did you learn of our office? [ ] A friend [ ] Yellow Pages [ ] Bar Referral
[ ] Our Web Page [ X ] Former client [ ] Other
PLEASE READ CAREFULLY & Sign Below
Following your initial interview, if you agree to hire the Attorney, and the Attorney agrees to represent you, you will both sign an Agreement for Representation. The Agreement for Representation will set forth the terms and conditions of representation.
If the Attorney is willing to represent you and you decide not to sign an Agreement of Representation today, you are strongly urged to schedule a second appointment with the Attorney at the earliest possible time or to immediately consult with other legal counsel to protect your rights.
NOTICE: This officedoes not represent you with regard to the matters set forth by you herein in this information sheet or discussed during your consultation,unless and until,both you and the Attorney execute a written Agreement for Representation.
If the Attorney does not agree to represent you, this includes not representing you with regard to the matter set forth by you on this information sheet, or any other mattersyou may discuss with the Attorney during your consultation. If your legal problem(s)involve a potential lawsuit, it is important that you realize a lawsuit must be filed within a certain period of time called a Statute of Limitations. Therefore, the Attorney strongly urges you toimmediatelyconsult with another attorney to protect your rights. The Attorney's decision not to represent you should not be taken by you as an expression regarding the merits of your case.
Your signature acknowledgesonly that you received a copyof this completed information sheet and does not mean you have hired the Attorney.
SIGNATURE /s/ Jordyn Binion August 15, 2023
***********************************************************************
This portion to be completed by the Attorney
[ X ] Will represent
[ ] Will investigate and report (Schedule a follow-up conference for ____days)
[ ] Representation declined - Letter of declination will be sent.
[ ] Party will "think about it" and get back with us - No action to be taken and party was so informed.
[ ] Client declined Representation at this time.
Interviewed by Christy Powers, Esq this 15thday of August, 2023.
hank you.
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