I have a hand written contract signed by myself and the other party. The contract states I made a down payment of $2300 for concrete work on my property. The check was cashed and in the memo it states it's for a concrete patio. That was in may and no work has been done. I just keep getting... Read more »
answered on Jul 13, 2022
How much cash are you out? If it is within the limits of small claims court, it would make sense to sue that way, YES.
I recently signed a lease for an apartment that was advertised as having "private roof deck". The posting went as far as including staged photos of said roof-deck furnished with patio furniture.
The roof has only one entrance through a door inside the apartment.
The... Read more »
answered on May 23, 2022
Landlord is breaching the contract. You have right to roof deck, even if it means taking him to court!
the relatives left behind are a 23 year old daughter, 16 year old son, and 13 year old girl. No spouse exists.
answered on Mar 7, 2022
It will definitely go to Probate Court. There a judge will make the final decision. With only one adult child, the judge will rely heavily on that child and any wishes expressed by the deceased.
I have noted in writing and in person that I will not and cannot use this warranty, I dont keep my car for longer than 2-3 years and will never use it. The extended warranty would extend the basic warranty from 3 to 5 years. I never have a car that long and have asked for it to be removed. Is this... Read more »
answered on Jan 18, 2022
I would absolutely refuse the demand and contact the Attorney General's Consumer Fraud division for immediate assistance!
The fourth heir wants to put house on market to see if a bidding war would happen to maybe get a few thousand more as where the other three are willing to take the garunteed cash offer at apprised value. Can the executor accept the cash offer or do all have to be in agreement
answered on Sep 1, 2021
What does the will say? Does it require unanimity? If not, then Executor may decide to proceed.
I’m being told that my cousins have rights to this house. My mother was the youngest of seven children and has died but now I’m being told that the house has to be divided among my cousins.
answered on Aug 28, 2021
What exactly do you mean by "I have the deed"? Is the deed in your name? Did a transfer deed into your name ever get recorded or even written? Merely having possession of the piece of paper (the deed) does not give you possession of the property, even if it was given to you with that... Read more »
IRA value $700K. Can Inherited IRA live in trust with distributions to children's accounts? What/who is taxed?
answered on Aug 25, 2021
Yes, definitely the Revocable Trust can be the beneficiary of the IRA. And the Trust can then distribute proceeds, per the terms of the Trust, to the children. Taxes on the IRA would normally be paid by the IRA at the time of distribution to the Trust.
What is a typical payment arrangement? I assume no payment is necessary until the agent actually begins carrying out his duties. Is the payment arrangement something that should be spelled out in the power of attorney document?
answered on Jul 27, 2021
Do not use an attorney. No reason to spend that money. Anyone you trust who has reasonable acumen, can perform the task. If you wish to pay anyone, yes, be sue to spell it out.
answered on Jun 15, 2021
Living Trusts are not filed. You may do so if you choose, but most folks do not file (record) them but instead keep them private. Should you choose to record it, it is done as your local County Recorder's Office, where deeds are recorded.
answered on Jun 11, 2021
Assuming all the boxes on the standard form POA are checked, then YES. In fact, I am doing just that this very week for another family. Love to help with yours if you wish. Thank you. garyleelane1@gmail.com.
answered on May 5, 2021
I am available via zoom when you wish. I have been exclusively doing Living Trusts for 21 years. Thousands of client. Love to help you. garyleelane1@gmail.com
Family member A has Family member B as beneficiary in their will. Family member A's financial advisor has Family member C as beneficiary. What entity take precedence upon death of Family member A's death?
answered on Jan 13, 2021
Which disposition is the most recent? The will can supersede the prior order, but it can also be superseded by a subsequent change.
Under what NYS SCPA provision, can a beneficiary petition the Court to commence a proceeding against a fiduciary if the Executor refuses to refund property taxes that the beneficiary paid on behalf of the Estate? The testator directed that all his debts and administrative expenses be paid out of... Read more »
answered on Nov 24, 2020
Yes, it definitely is self dealing. You should petition the probate court to order the executor to reimburse the payments made on behalf of the estate.
The executor of the estate, who is also a beneficiary has removed "all" personal items of the decedent from the home. The executor was given the home in the will. The other two beneficiaries were not given an opportunity to go through any of their father's personal items, furniture,... Read more »
answered on Nov 23, 2020
Yes, they should sue. The Executor is not authorized on their own to do this. They should be communicating with the other beneficiaries. Yes, this certainly could be grounds to have them removed and replaced.
We just wanted to know if it's in our best interests to vacate as soon as possible. I assume the landlord will get a much higher rent since it's rent stabilized. Can the landlord charge double rent, i.e., to my mom's estate and to the new tenant? I don't think so, but just thought i'd confirm.
answered on Oct 17, 2020
No. Landlord cannot charge double rent. Were you on the lease? If not, they you cannot be charged a dime either. But it is even questionable about charging the estate while you are there. But you should immediately vacate to avoid the issue.
It’s a grantors trust established in NYS
answered on Sep 8, 2020
Yes, but only if you have your living trust well crafted. It needs to make it clear and specific that the ownership will be only in your son and not as community property or marital property with his wife. I do this frequently.
I did not want to purchase the warranty but without it I was not going to be allowed to purchase the vehicle. I requested written information regarding the warranty but nobody at the dealership was able to provide me with that, all they could do was tell me that it was mandatory and would be valid... Read more »
answered on Sep 2, 2020
That is very clearly fraudly and extortion. You should immediately report it to the Attorney General's Consumer Fraud and/or Extortion Units! Criminal.
Hi! I'm an international student at Cornell University. My roommate and I currently live in an off-campus apartment in Ithaca. Due to the virus situation, we decided to move to Long Island and study online next semester. However, before the pandemic, we renewed and extended our lease to next... Read more »
answered on Aug 10, 2020
Afraid all you are likely to be able to do is try to negotiate with your landlord for a reduced amount as payment in full. Unless NY passes an emergency exception for student leases, and they have not I understand, you are stuck. Common problem.
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