There is a large tree in the backyard of the property that has displaced my fence, and also caused damage to my backyard's foundation due to the roots growing through the ground. The property is also occupied by squatters and the bank may, or may not be attempting to evict. (I've reached... View More
answered on Oct 26, 2022
There might be liability for the bank. But, you can also sue and get a lien on the property. If you want the tree out, call 311 and see if the City will do it and put a repair lien on the property.
The decedent passed in 2010 with a single townhouse as an asset. The executor (50% bene.) spent only four months trying to sell it and later rented in until 2018 when it was sold for $205K. The beneficiary (50% bene.) turned 21 in July 2022 and has just been informed (3 months later) that his... View More
answered on Oct 19, 2022
Short answer is no. Without an accounting proceeding how do you know there was wrongdoing? The expense of the accounting is borne by the estate off the top, not your son's half. And, if there was wrongdoing, the executor can be surcharged a penalty for the wrongdoing. Asking for an... View More
A settlement was reached and a check was apparently cut (according to my attorney) 4 years ago from the insurance company due to a lawsuit from a malpractice case from 2008. My uncle had a routine colonoscopy thay went left and eventually he passed. Its only me and a neice left and we were to split... View More
answered on Apr 15, 2024
It should definitely not take this long. You can view the Surrogate's Court and Supreme Court dockets online to know where you stand.
I wrote to the address on the court order and to their attorneys. Neither one replied. What else can I do?
answered on Apr 13, 2024
Make a motion to vacate the judgment. That will get their attention.
I may need to sell for less than what the bank has as payoff amount.
answered on Apr 2, 2024
What you want to do is a short sale. The bank needs to approve it. Likely not worth your time or money.
I am my brother’s only living heir.
answered on Apr 2, 2024
Check his mail. Check his credit report. Check his tax return. You can also hire a private investigator service.
Spouse died. Her will excludes the husband. Does he still have right of election to 1/3 of the estate? Is notary of post nup signatures a hard and fast requirement?
answered on Mar 6, 2024
Like a pre-nup, a post-nup must be acknowledged (which is a notary, but a certain format), and comply with other requirements. Thus, if this one is not notarized, it fails.
We have been living in an apartment for almost a year. In the second month of living here, the heater went out and the landlord took over 6 months to fix it, throughout the entire “heat season” in nyc we had no heat. For the past two months we withheld rent to force him to fix the problem. He... View More
answered on Mar 4, 2024
Call "311" and have the Department of Buildings issue violations. You cannot be evicted while violations are present.
answered on Feb 24, 2024
No. The notary is actually notarizing the witnesses, so it would be notarizing yourself.
My father passed away November of 2023 in the State of New York, Cayuga County. He left no will. He owned a small parcel of land. I am the only next of kin. I went to court and obtained the letters of administration and went to the clerks office. They told me that I had to file a deed form but... View More
answered on Feb 21, 2024
There is a form of Administrator's Deed. That is what you need.
I am going through divorce and my ex and I own a home that is being rented for rental income in NY state. I pay the mortgage but he has collected all the income from the house and refused to give it to me. The lease is only signed with his name. The house deed is in both of our names but the... View More
answered on Feb 19, 2024
The matter will be governed by your divorce decree. It should have specified who gets the income and who has to pay.
My father passed away 2 years ago, and did not leave a willing. My two older siblings and I have been paying the mortgage in his name. We are worried that if we do, the bank will take away the house, because its not in our name. What are your suggestions on this matter, how should I proceed and... View More
answered on Jan 29, 2024
First, pay the mortgage if you want the house. The bank will take money from anywhere. Just pay. To transfer title, subject to seeing the current deed, you are going to have to form an estate for your father, get Surrogate Court letters, and then do a deed to the three of you.
My father passed away in March of 2023 with $200k in the bank, his name only, no will. My mother passed away 5 months later with no money but several debts. I am currently administering my father's estate, but one of my mother's creditors insists that I am legally required to administer... View More
answered on Jan 16, 2024
You do not need to administer your mother's estate. There is a procedure for the creditor to petition the Public Administrator to administer your mother's estate to get paid. It is true that your mother's estate is a beneficiary of your father.
Our LLP was established in January 2023. Unfortunately, we're facing financial constraints, and while other partners are willing to inject more capital to sustain the business, there is one partner refuses to invest further. what options are available to the other partners?
answered on Jan 9, 2024
It depends what the partnership agreement provides. There are different structures that could be pursued.
Hallo, my father recently passed away, and had a brokeage account in the US. His girlfriend was listed as a contributor, but she has not deposited a single $ in the account. Since there is no will, by danish law all assets pass to next of kin, i.e me and my siblings. How should we procede?
answered on Jan 7, 2024
Contact the brokerage company to see if there is a beneficiary designation on the account. If so, the beneficiary gets the money. If not, the estate gets the money. Your Danish papers may be good enough to collect.
Judgment for Collections
answered on Jan 6, 2024
It depends on whether the dismissal is with prejudice (cannot bring again) or without prejudice (can bring again). If silent, it is without prejudice.
I am willing to buy the form.
answered on Dec 1, 2023
If you have enough money that it is worth opening a trust, you have enough money to pay a lawyer to do it right. No lawyer is going to recommend an online form.
I rent an apartment to a couple in New York State. They're both listed in the lease agreement. They are a few months behind and I want to have a process server serve them a 14 day notice. Do they have to be served separately?
answered on Nov 28, 2023
Yes, each tenant and occupant must be independently named and served in the notice, and the landlord/tenant case once commenced.
Dad left me a letter that my Step Mom would sell the house and gift me with money from the sale. She even stated she would sell the house then get settled then split the proceeds between her son & I.
Last week I asked her to put something in writing legally. She then told me she... View More
answered on Nov 27, 2023
If the house was held as tenants by entireties, i.e. as husband and wife, it passes by operation of law to your step mother. The letter is worthless. The will would be irrelevant as to the house. You would have to be legally evicted, but she could do it.
I have a judgment against me for approx $7,000 total (from 12 years ago) in a different state (NJ and Florida) and am currently residing in NY. I cannot pay this debt right now in any way, not even a minimum payment. Can the debtor come after my vehicle (worth approximately 4k) if it's... View More
answered on Nov 20, 2023
Technically, yes. Realistically, no. Do not worry about it as to the car.
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