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New York Questions & Answers
1 Answer | Asked in Estate Planning for New York on
Q: My Dad passed away 30+ years ago, my brother is the executor of the estate and never fullfilled his obligation

Of dispensing the funds. The funds are in unclaimed funds and the monies are dwindling away. After numerous conversations and promises, he refuses to disperse the funds. I have filed a claim myself and provided them with the necessary proof, but they have advised me that as long as the executor is... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 17, 2022

In NY, If all you need is a death certificate, you should be able to get one from the Dept of Health. If you wish to be appointed as the new Administrator of the estate, you will have to petition the court, describing the situation.

2 Answers | Asked in Immigration Law for New York on
Q: My wife and I did not live together for 5 months for work reasons. Would this affect the marital union timeline? 3 yrs

I am a US Citizen. My wife is on a temporary green card holder. My wife completed school recently. I worked in another state during this time, 5 months. Her and I would like to apply for her citizenship after 3 years, however it sounds like we needed to live together for 3 years. Would this... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 16, 2022

The rule is "spouse must have been living in marital union with his or her citizen spouse for at least 3 years at the time of the examination on the application, and not at the time of filing". The exact nature of what it means is determined based on the exact circumstances. I suggest you... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Employment Discrimination and Legal Malpractice for New York on
Q: Do I have a case for false arrest & maliceous Prosecution?I was accused of commiting a crime and it got dimissed on 3030

I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... Read more »

Roy Warner
Roy Warner answered on Jan 15, 2022

Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I need free legal advice as a renter who had to move due to moms disability who lived with me and I am still paying rent
Walter Sage Jennings
Walter Sage Jennings answered on Jan 14, 2022

if you have a lease you may have to negotiate with the landlord to end it early depending on the terms of the lease you may be able to sublet the balance of your term it is difficult to give you an answer without having more information

2 Answers | Asked in Landlord - Tenant for New York on
Q: I need free legal advice as a renter who had to move due to moms disability who lived with me and I am still paying rent
Walter Sage Jennings
Walter Sage Jennings answered on Jan 14, 2022

if you have a lease you may have to negotiate with the landlord to end it early depending on the terms of the lease you may be able to sublet the balance of your term it is difficult to give you an answer without having more information

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1 Answer | Asked in Criminal Law for New York on
Q: If convicted of a misdemeanor in NYS in 2016, when would the conviction no longer appear in criminal background check?

Convicted of misdemeanor (NYS PL 260.10.01). Certificate of Disposition May, 2016. Have not been in trouble since.

Michael Arbeit
Michael Arbeit answered on Jan 14, 2022

Unfortunately, this misdemeanor conviction will appear on any background check. You may be eligible to have this conviction sealed pursuant to CPL Section 160.59 10 years after the sentence date (provided you qualify).

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

1 Answer | Asked in Real Estate Law for New York on
Q: A neighbor of mine lost title to her house in Port Jervis, NY after failing to redeem the tax lien a local investor had

been holding on it for two years. What, if any, rights does she retain in her personal effects (family heirlooms, legal documents, jewelry, etc.) that remained in the house after the new owner changed the locks? He is refusing access and has scheduled a dumpster for what he deems to be abandoned... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 13, 2022

If she is not living there, she really has no rights.

1 Answer | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 13, 2022

Typically it would be the way you say. Depends on what the dismissal would say.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My brother passed away in Puerto Rico. The property is in P.R. there's no will. He has no children, no wife.

Our father lives here in New York.

I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing? What can I do?

Russel Morgan
Russel Morgan answered on Jan 12, 2022

You can report the property onto court in claiming ownership but with evidence on why. With our estate planning services we can provide you the help you need.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter n to give her brother power of attorney so he can put her children in school, doctors right away she is in

Ny Children in Atlanta Georgia will the power of attorney papers be okay .

Russel Morgan
Russel Morgan answered on Jan 12, 2022

Yes, though this question is a bit unclear but happy to assist you over the phone or email.

2 Answers | Asked in Elder Law for New York on
Q: In ny we would like to pay the penalty for Medicaid cured ?
Russel Morgan
Russel Morgan answered on Jan 12, 2022

When it comes to penalty’s, you can pay it but needs further details on the reason. You can always consult with us for more specific advice.

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3 Answers | Asked in Personal Injury for New York on
Q: Hello I'm a client at this law firm and I got into a bike accident almost 3 months have not recieved any paid wages?

Well I wanna know does it take this long for you recieve paid wages I gave my work info they got the disability certificate from doctor I've been out of work since Nov 8 2021 this is very stressfull.

Tim Akpinar
Tim Akpinar answered on Jan 11, 2022

I'm sorry for your ordeal with obtaining lost wages. This is something only your attorney could advise on if they've been handling the application for your benefits under N.Y. No-Fault law. Some general reasons for delays could include verifying employment, wages, and time missed from... Read more »

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1 Answer | Asked in Contracts for New York on
Q: I believe that my current firm is in breach of contract. And that I may even have a case for a hostile work environment.

I was placed on a job in NYC. The firm that pays my expenses has been weeks behind. And I also learned they don’t reconcile. In addition, when I gave my notice. They told me I had to move to remote. With only a few days warning. I came down with Covid. And they are not paying my expenses. Even... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 10, 2022

I'm sorry your question remains open for three weeks. You could try reposting and adding Employment Law as a category. There's no guarantee all posts ultimately receive an answer, but the additional category could improve chances for response. If still no response, you could reach out to... Read more »

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Hello from New York. My dad recently died, my mom died a year earlier, the house is still in my dad's and mom's name.

I live in the house. Dad and Mom wanted only me to have house, not my brother, because I took care of them for over 10 years. There are no papers signed though for me to have it. My brother said you have to have his name on it also because they left no papers for me to have it.

Is this... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 10, 2022

Your brother is right. Children split equally if there is no will.

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1 Answer | Asked in Real Estate Law for New York on
Q: Supre Court ruling sign by the judge, ordering, adjudging and decreeing my claims , asking for defendant’s cooperatio?

The Judge decreed all my issues. Why do I have to get cooperation from the defendant?

Elaine Shay
Elaine Shay answered on Jan 10, 2022

There are many lawyers that participate on this website willing to provide educational information directed to your question. However, you will need to phrase your question better to get any meaningful assistance.

1 Answer | Asked in Business Law and Contracts for New York on
Q: Do new ownership of a gym have to abide by the old gym contracts or are they invalid due to new ownership?

My old contract says lifetime price guarantee but nothing about if new owners come.

Samuil Buschkin
Samuil Buschkin answered on Jan 10, 2022

You need to consult a lawyer but typically if a business is sold the buyer is the successor to the seller vis-a-vis existing contractual obligations, unless such are expressly excluded from the sale which in theory could result in seller's liability.

1 Answer | Asked in Business Law for New York on
Q: LLC Agreement language that assigns 50% of Member ownership to someone, but 0% of expenses on their K-1.

Below is my exchange with the CPA. I'm looking for LLC Operating Agreement language that achieves this (my lawyer doesn't know how):

Me: I am giving 50% of the LLC's equity to someone else, but I will be the one fully funding the operations of the business with my own cash.... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 10, 2022

A competent attorney will be able to draft such an LLC operating agreement. The rules for LLC's are purposely very flexible.

2 Answers | Asked in Family Law for New York on
Q: Can a mother legally take inheritance away from a 18 year old because they stole,snuck out and smoked as a minor

can inheritance(a big sum of money and land) be taken away from an 18 year old if they have committed crimes in the past?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 10, 2022

An 18 year old is an adult and as such an inheritance cannot be taken without a court order or a provision in the will to allow it.

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1 Answer | Asked in Contracts and Business Law for New York on
Q: Is a bill of sale that is not notarized valid?

I bought a business in NYC, I paid in bank check and the seller signed a bill of sale. But the bill of sale is not notarized. Is the bill of sale valid?

Michael David Siegel
Michael David Siegel answered on Jan 8, 2022

The notarization is not required, but usually done to prevent allegations of fraud.

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