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Questions Answered by Peter Klose
1 Answer | Asked in Legal Malpractice for New York on
Q: My lawyer stopped returning my phone calls and I don't even know if she's handling my case anymore. What are my options?
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answered on Dec 2, 2016

You should send a written letter to her demanding a copy of your file, and you should pick up a copy of your file

If she doesn't respond in a reasonable time, you may file a complaint with the local Disciplinary Committee.

Give her the benefit of the doubt and call a few more times.

2 Answers | Asked in Probate for New York on
Q: My sister died intestate, no assets. Her boyfriend is pestering me to write up notarized document giving him power of

attorney, based on what he calls my "bloodline power of attorney",so he can access her storage unit. Can he apply instead to be volunteer administrator of her small estate, without my involvement? As of yet, no paperwork has been filed and no one is officially in charge of her estate. My... View More

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answered on Nov 30, 2016

Cant you help him in your time of loss with an Affidavit of Small Estate

He does not have the right to do it, and it costs only $1 to file with the appropriate Court

You need to do it because you are the heir

https://www.nycourts.gov/courthelp/diy/smallEstate.shtml

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2 Answers | Asked in Real Estate Law for New York on
Q: Can the Seller's agent decline to present the offer to the Seller's due to the Mortgage Co. that we've chosen to use?

My husband and I have been preapproved for a Mortgage through Quicken Loans. My realtor said that she refers all of her clients to a Banker that she knows because she and former clients have had bad luck with QuickenLoans. We asked her to put our offer in anyway b/c we had already done the... View More

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answered on Nov 30, 2016

You have the right to complain to the local real estate board for which she is a listing agent. I think she sounds rather unprofessional, and would consider her disclosure of personal information a breach of ethics.

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3 Answers | Asked in Real Estate Law and Probate for New York on
Q: Father and sister are joint owners, both in deed, but dad pays mortgage. What happens when he dies?

Does mortgage come out of his estate or us my sister responsible??

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answered on Nov 22, 2016

Sister owns house but house encumbered by mortgage. Depends upon will, but if she doesn't pay mortgage, the Estate is going to be embroiled in a Foreclosure battle, which no one wants. Here is a good article.

http://homeguides.sfgate.com/happens-mortgage-mortgagee-dies-43271.html

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3 Answers | Asked in Real Estate Law for New York on
Q: I wanted to know is it legally required for landlords to send a letter 2 renters explaining why they got denied a rental
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answered on Nov 16, 2016

Assuming that this a private transaction between Landlord (owner) and Tenant (renter), I would say, "NO."

Good luck,

Peter

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2 Answers | Asked in Real Estate Law and Probate for New York on
Q: My NY State home of 14 yrs is in both mine and my father's name. What happens when he dies? Does the house become mine?

Also, what happens if he is sick for some time at the end of his life and ends up owing money because of that? Can they come after the house for unpaid bills? The house has no mortgage. I have lived in the house for 12 years and have paid all bills and property taxes and all is up to date. My... View More

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answered on Nov 2, 2016

Would be helpful to review the deed but if you owned it as joint tenants with rights of survivorship it automatically transfers to you

If you own it as tenants in common and your father has a will the answer may change. I would recommend an attorney look at the situation.

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3 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: I need to transfer a property deed from my mom's estate into the names of her surviving heirs, how do I go about that?
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answered on Oct 27, 2016

Hire a lawyer, do a deed, not a difficult process

Do you have letters of administration?

Peter Klose

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