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1 Answer | Asked in Estate Planning for New York on
Q: My father is starting to lose his memory. I need him to place his house in a trust for me.

I would like to get power from my father without my uncle knowing, because my uncle is trying to establish a condition that I do not want. However, does my father's condition make legal action null since he cannot remember that well?

Michael David Siegel
Michael David Siegel
answered on May 31, 2023

Capacity is an issue that can be raised to challenge whatever you do. Try to get a doctor to write that he has capacity to make a deed on the day you do the deed.

4 Answers | Asked in Real Estate Law, Estate Planning and Probate for New York on
Q: Real Estate issue

Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart,... Read more »

Elaine Shay
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Elaine Shay
answered on May 30, 2023

If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would... Read more »

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1 Answer | Asked in Employment Law for New York on
Q: Is it illegal that my employer is purposely scheduling me 6 hour shifts on certain days so she doesn’t haveto givebreaks

I’m 19 and I work at a Byrne Dairy in NYS as a sales associate, on the 27th of may I was scheduled an 8am to 2pm shift, which is a 6 hour shift, so around the middle of my shift I asked my employer when I would be receiving my break, in return she told me I don’t get one because I’m only... Read more »

Christopher Marlborough
Christopher Marlborough pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2023

It is unfortunate that your employer will not voluntarily honor your request. Because you do not work more than six hours in a shift, your employer can require you to work the shift without a meal break.

Here is NY State DOL statement on the issue.

"Employers in New York...
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1 Answer | Asked in Business Formation and Business Law for New York on
Q: I'm looking to start non-profit and need help with my 501c3
Tim Akpinar
Tim Akpinar
answered on May 28, 2023

Your question might continue to be overlooked under the "Trademark" heading, which is more about intellectual property rights involving brand names and related issues. You could repost under "Business Formation" and "Business Law." But because your question appears to... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord won’t accept rent checks in my name because the “tenant of record” should be paying the rent.

My mother and I live together. The landlord would only allow one person on the lease who is my mother. My children and I are listed on an occupant list attached as a rider to the lease. She is 88 yo and wheelchair bound so I have been paying rent. All of a sudden the landlord will not accept it... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on May 26, 2023

The landlord does not get a market-rate apartment. If your mother is evicted, the next tenant is also rent-stabilized. So that is not what I see going on here. The lease itself likely states the landlord will accept rent only from the tenant. Do this correctly. Secure Power of Attorney and pay the... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: Renewal lease rent increase vs monthly rent bill

For the past two years, I have returned the renewal lease with increases both by email and US Post. The 1st year I received a counter singed copy. The send year I have not receive the counter signed copy. When I asked for it they said they didn't receive the copy I sent in the mail. So I... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on May 26, 2023

Dear Brooklyn Tenant:

This would be simple if you were a Rent Stabilized tenant. Rent Stabilized tenants always have a duplicate of the lease renewal forms, their landlords keep track of tenants without returned lease renewals since that leads to an automatic lease default based on the Rent...
Read more »

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1 Answer | Asked in Estate Planning for New York on
Q: My step father died in Puerto Rico. He & my Mom are registered owners of their property. But he left a Will leaving the

property to his 2 daughters. Does the Will negate my mother’s ownership of the property even if she is the property deed?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 25, 2023

You will want a PR attorney to search that Title and determine ownership. If Mother is a grantee on an enforceable Deed, then the property is probably hers since Testator died without owning something to devise. The Deed must be examined, and that grantee/owner must pay taxes, insurance and... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for New York on
Q: My mother grantee(s) purchased a house, and the grantor(s) provided a Warranty Deed.

The statement: hereby grant and release unto the Grantee(s), their heirs and assigns forever: (then it describes the land) along with

To have and to hold the above granted premises unto the Grantee(s)

Grantee(s) Shall quietly enjoy the said premises and the Grantor(s) will forever... Read more »

Carl Nelson
Carl Nelson
answered on May 25, 2023

That language (without your name listed as a grantee) does not mean that you are an owner of the property during her lifetime; you do not become an heir until she dies without a will. Rather, that language indicates that the property passes to her in all respects even after her death; as opposed... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Can my girlfriends ex husband prevent me from being around her kids during her time with the kids. ?

My girlfriend and her ex husband, have 50/50 custody of their children. We were living together for a few years. We broke up a year ago, but have been trying on and off to work it out, and now we are fully ready to move forward. we broke due to me sometimes yelling at my gf, almost never in front... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on May 24, 2023

Who has residential custody? There should be no restriction on who sees the children absent an order to the contrary as long as it is with the parent present. If there is a schedule of visitation and he denies it, you can file a violation petition. Your ex would have to demonstrate why you are... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Does a DA’s office (Queens NY) have to confer with victims before accepting a plea deal?

Three members of my family and another person were phisyically assaulted by a person in Queens, NY and then arrested. We heard basically nothing from the DA unless I emailed them a few times. I have recently found out that the DA’s office accepted a plea deal without even consulting with us.... Read more »

Stuart Austin
Stuart Austin
answered on May 23, 2023

There is no requirement that you would get a say in the plea deal given to a defendant. You do have the right to make a victim's impact statement pursuant to CPL 390.50 "The district attorney shall also give at least twenty-one days notice to the victim or victim's family of the... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: How can I protect myself when ex-friend is harassing me and trying to extort money from me? Is her case even valid?

I stayed with a friend in another state. I asked if I could visit her and she agreed. We did not discuss any payment. I slept on her floor for 5 nights. We did some outdoor photo shoots together, since my friend is a photographer. After I left, she sent me a nasty email demanding $1730 for the... Read more »

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Without knowing the state your friend lives in, none of us can say for sure, but from my NY perspective, unless you had an agreement in advance, she cannot unilaterally demand "rent" for 5 days on her floor now that she's mad at you. Your text, while not all that helpful, probably... Read more »

3 Answers | Asked in Criminal Law for New York on
Q: I was with a friend during the time of a fire and they want to blame it on us even though they have no proof

We were together and they questioned me and I ran up the stairs before because I had a lot of weed on me and I managed to ditch the weed which they later confiscated but has no ties to me. However, now I am the prime suspect in this arson I did not commit and they want me to come in and give a... Read more »

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

I'm not a criminal defense lawyer, but I note you have not asked an actual question - so I will just make a suggestion... This forum is a public place and is routinely monitored by many attorneys, including prosecutors. Obviously, you're asking a hypothetical question, but I would still... Read more »

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3 Answers | Asked in Criminal Law for New York on
Q: I was with a friend during the time of a fire and they want to blame it on us even though they have no proof

We were together and they questioned me and I ran up the stairs before because I had a lot of weed on me and I managed to ditch the weed which they later confiscated but has no ties to me. However, now I am the prime suspect in this arson I did not commit and they want me to come in and give a... Read more »

Stuart Austin
Stuart Austin
answered on May 22, 2023

First off, you should not speak with any law enforcement before speaking with your own lawyer. Is it police or campus police who are trying to speak with you? Are you a student currently attending the college where this occurred? An attorney can hire an investigator to retrieve video... Read more »

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1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Libel & Slander for New York on
Q: Can my friend sue me for rent and transportation services after I stayed with them as a guest?

I recently stayed at my friend's apartment. I had asked in advance if I could come and she consented. We did not discuss any payment. I slept on the apartment floor for 5 nights. They picked me up from the airport and we did some travel activities together. We also did some outdoor photo shoot... Read more »

Carl Nelson
Carl Nelson
answered on May 20, 2023

A text, after the fact, stating “ I’m happy to pay the expenses you demanded” is not itself a contract. The factual circumstances and your friend’s specific claim as to why they claim you owe the money will be the relevant points. If, for example, your friend claimed there was in fact an... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Does the NYC roommate law apply to studios? I was told that if 2 people live in a studio both have to be on the lease.

I wanted to lease a studio in NYC and live with my boyfriend, but since I would be paying the majority rent and my boyfriends credit isn’t great, I wanted to lease the apartment (be the sole applicant) and then take him on as a roommate/occupant. The NYC roommate law seems to say that any tenant... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on May 18, 2023

Dear NYC Tenant:

It is the other way around. Two tenants named as tenants on one lease are not entitled to an additional Roommate if both tenants live together. One tenant is ALWAYS entitled to the choice of a Roommate. The statute does not exclude Studio apartments.

***2. It shall...
Read more »

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Attorneys familiar with the medical field

How can I go to my local hospital with no insurance (except emergency Medicaid) and get the treatment I need. How can I convince the doctors that I have a c.s.f. leak (cerebrospinal fluid)and for them to give me an E.B.P. (epidural blood patch)It is a life threatening emergency because after that... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 17, 2023

Sorry to hear what you're going through. Generally speaking, you cannot present to an emergency room (or for that matter any medical facility) and force them to treat your own self-diagnosis. Based upon your clinical presentation and medical history, a physician will reach his or her own... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a tenant of a 2nd floor, 2-family house, fails to pay rent with an purported reason that the basement is 'illegal'?

Tenant has a lease for and occupy the 2nd floor of a 2-family house and lived there for 12 years. The allegation of illegal basement arose after tenant was given notice to vacate premise

Elaine Shay
PREMIUM
Elaine Shay
answered on May 15, 2023

When an owner uses a building that has a Certificate of Occupancy for two (2) families for three (3) separate dwelling units, a defacto multiple dwelling is created. The law requires that any building in NYC used for three or more dwelling units must have a current Multiple Dwelling Registration... Read more »

2 Answers | Asked in Medical Malpractice, Criminal Law and Identity Theft for New York on
Q: Hippa-related legality surrounding my reporting a recent crime committed by a pt while using my namesake/identity.

In short, I'm a physician in pvt practice. A pt I have treated for years recently scammed a new pt of my practice out of $500. Via txt messages, he assumed the identity of a fictitious member of my office staff and contacted the patient to schedule an appt with myself (referring to me and... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 15, 2023

The perpetrator arguably committed a crime by using your identity to defraud a patient. HIPAA prohibits the disclosure of individually identifiable medical information. One exception to the prohibition, however, is for law enforcement purposes, specifically when necessary to inform law... Read more »

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2 Answers | Asked in Landlord - Tenant for New York on
Q: NYC Rent Stabilized Apartment - Succession Rights (see More Information)

Please refer to Fact Sheet #30 from the NYS HCR Office of Rent Admin. I was not technically a 'primary resident' of my mom, because it wasn't my primary residence during the last two years per my mailing/license address/STAR abatement. But I never changed my shipping address for... Read more »

Walter Sage Jennings
Walter Sage Jennings
answered on May 13, 2023

From what you have said, it seems like it would be difficult to "win" a succession case in court. Although, an argument can be made that you were there as a caregiver for your mother, the problem being that when the court looks to determine succession they look for documentation such as... Read more »

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2 Answers | Asked in Landlord - Tenant for New York on
Q: NYC Rent Stabilized Apartment - Succession Rights (see More Information)

Please refer to Fact Sheet #30 from the NYS HCR Office of Rent Admin. I was not technically a 'primary resident' of my mom, because it wasn't my primary residence during the last two years per my mailing/license address/STAR abatement. But I never changed my shipping address for... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on May 26, 2023

Dear Flushing Tenant

The NY City Housing Court has never relied on the expansive definition of 'inception,' as you suggest that it should. I could suggest that is so since the same statute offers defined absences that do not cause a break in the living together with the tenant of...
Read more »

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