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Questions Answered by Jack Mevorach
1 Answer | Asked in Landlord - Tenant, Real Estate Law and Probate for New York on
Q: My Sister in Law and I are Tenants in Common. The house is filled with the personal property of original owner.

This house passed to us immediately upon the death of the Life Tenant - outside if probate. An Executor or Adminstrator has not yet been appointed by the Surrogates Court. The personal property contained within the house must eventually be distributed to the beneficiaries in the former owners will.... Read more »

Jack Mevorach
Jack Mevorach
answered on Aug 9, 2022

I wouldn't. The house should be secured by the fiduciary and then the personal property can be inventoried.

Jack

1 Answer | Asked in Elder Law for New York on
Q: my boyfriend is in a nursing home and wants to leave,not able to walk. we had an argument and his son has taken away my

visitation rights.what do I do? my boyfriend has dementia.

Jack Mevorach
Jack Mevorach
answered on Aug 5, 2022

You can initiate a Guardianship proceeding.

Jack

1 Answer | Asked in Products Liability and Intellectual Property for New York on
Q: Question on if the company was woven together with other company working up business and between them in one type

My working company suddenly received a warning letter on 1 of the product infringement issue from other company . The product patent registered name was go under the other company that they work in partners together for 1 of the products promoting business between them . The patents right still... Read more »

Jack Mevorach
Jack Mevorach
answered on Aug 1, 2022

Your post is a bit confusing. Have a free telephone consultation with counsel.

Jack

2 Answers | Asked in Estate Planning and Probate for New York on
Q: I am leaving my real property to my daughter. Can I provide any provision in my will or can she which would not allow

My son in law to inherit this property

Jack Mevorach
Jack Mevorach
answered on Jul 30, 2022

If you leave the real property to your daughter by Will, she will inherit it entirely and the son-in-law will have no interest in the property. She will inherit it as "separate property," not subject to equitable distribution. She should consult counsel as to how to maintain it as... Read more »

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2 Answers | Asked in Employment Law for New York on
Q: Can you revoke an independent contractor clause with significant evidence of employment link + contradictory language?

- Firm entered a Services Agreement to provide services for a financial services company as an independent contractor

- After the agreement was executed, the plaintiff was required to perform duties beyond the scope of Agreement

- Plaintiff was also subject to employee policies... Read more »

Jack Mevorach
Jack Mevorach
answered on Jul 6, 2022

Unless specifically allowed by the Agreement, a party cannot unilaterally "revoke" language. Other remedies are available. Have a free telephone consultation with counsel.

Jack

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1 Answer | Asked in Uncategorized for New York on
Q: Is it against patients rights to be denied accommodating living environment due to neglecting to use air conditioning.

Heat intentionally turned up in Hast to punish patients

Jack Mevorach
Jack Mevorach
answered on Jul 4, 2022

Have a free telephone consultation with counsel.

Jack

3 Answers | Asked in Estate Planning, Probate and Real Estate Law for New York on
Q: My mother passed away and had 4 children. What's the easiest process to get her house sold and have proceeds split?

The house is in her name, her live-in boyfriend has a few bills in his name but not on the house.

She did NOT have a will.

The house is in semi-okay condition. It needs a lot of work. I would like to know how/when I should get the process started for putting her house on the market... Read more »

Jack Mevorach
Jack Mevorach
answered on Jul 2, 2022

A proceeding must be filed in Surrogate's Court to have an Administrator appointed as fiduciary of the estate. The Administrator can have the house sold and divide the proceeds.

Regarding the sale of the house, Have a free telephone consultation with counsel.

Jack

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1 Answer | Asked in Small Claims for New York on
Q: Where to take legal action for an invoice nonpayment when the client is in a different state?

Hi,

One of my clients has failed to pay the remainder of an invoice ($2000) that was due months ago. Every month I remind him and he comes up with excuses. I've been very patient and understanding but its been too long and I want to take legal action.

I am Freelance Visual... Read more »

Jack Mevorach
Jack Mevorach
answered on Jun 30, 2022

Often, a contract between parties specifies jurisdiction. If yours does not, consider adding that provision.

Depending on the facts, jurisdiction may lie in New York, California or both.

It doesn't pay to retain counsel for a $2,000.00 claim.

Have a free telephone...
Read more »

2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

Jack Mevorach
Jack Mevorach
answered on Jun 29, 2022

I think yes.

Jack

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2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Does Rights of Survivorship pertain to the property deed and/or recorded mortgage?

Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?

Jack Mevorach
Jack Mevorach
answered on Jun 27, 2022

Rights of survivorship are generally applicable to deeds, whether by tenancy by the entirety or joint tenants with rights of survivorship. Ancillary Promissory Notes and Mortgages would need to be analyzed independently.

Jack

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1 Answer | Asked in Business Law for New York on
Q: Can I ask questions regarding business issues

I want to know what would be the best route regarding necessary actions. A business was sold without paying every partner.

Jack Mevorach
Jack Mevorach
answered on Jun 25, 2022

Other than stating that every partner was not paid, you include no other facts. Try to avoid litigation. Have a free telephone consultation with counsel.

Jack

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