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2 Answers | Asked in Estate Planning for New York on
Q: Can an 8 year old sign a renunciation of voluntary administration?

My daughters grandmother passed supposedly without a will. My daughters grandfather wants my daughter to sign a renunciation of voluntary administration. Is this something she can sign? Would I sign for her? Is this legal? He isnt going through a lawyers office.

Marco Caviglia
Marco Caviglia
answered on Sep 4, 2023

In NYS, SCPA 1303(a) addresses this issue, as it addresses qualifications of a voluntary administrator in an intestate estate. No, an 8 year old cannot serve as an administrator, so I can think of no reason why he wants a waiver from her, not that such is necessarily a valid instrument anyway.

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2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: We have inherited a house in Albany County and we need to transfer the title into our names. How do we go about this?

My brother & I inherited a house in Albany County and we need to transfer the title into our names. We have an active payment agreement for taxes with the Albany County Finance Department. Do you know how we go about this?

Marco Caviglia
Marco Caviglia
answered on Sep 4, 2023

The estate executor issues an executor's deed (or if not executor, the administrator issues and administrator deed) from the estate to the intended person(s).

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for New York on
Q: in the process of a divorce in Nassau . My wife and I both own the familial home. She accused me of Unlawful Eviction

we are in divorce process. she lives with my sister and i live in family home. we both own it. we were both arrested as she accused me of blocking access to home, and she was arrested for criminal mischief and destruction of property after sawing the locks. There was no violence. We were both... View More

Marco Caviglia
Marco Caviglia
answered on Sep 4, 2023

Given that the criminal matters and your divorce are intertwined to some degree, if possible you should hire an attorney who handles both matrimonial and civil matters ideally.

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3 Answers | Asked in Divorce and Family Law for New York on
Q: I’m separated. I have no income, Lawyer says I’m eligible for maintenance but no word back from lawyer in months?Normal?

I’m separated and going through a divorce. NYS. I have no income. My spouse is a doctor and makes $300k annually. I’ve mentioned to my lawyer that bills are piling up and I’ve exhausted my savings. Lawyer said I should be eligible for spousal maintenance while we are in the divorce process.... View More

Marco Caviglia
Marco Caviglia
answered on Sep 4, 2023

A spouse may file by order to show cause in NYS for "pendente relief" for emergency or quick turnaround on a spousal maintenance decision from the Supreme Court in which your divorce is being litigated.

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1 Answer | Asked in Criminal Law, Immigration Law and Tax Law for New York on
Q: How to report a foreigner in the US working illegally as a prostitute?

I know of Canadian who is in the US on TN status, but she stopped working at the job that is tied to her visa. Instead she works illegally in multiple states as a prostitute. She publishes her services on websites for call girls, erotic reviews, etc.. She is even planning to fake a marriage so she... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

ICE Tip Line: 866-DHS-2-ICE

1 Answer | Asked in Criminal Law for New York on
Q: Where do I obtain a Sex Offender Petition for Relief or Modification?
Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

A sample petition can be found at https://www.ils.ny.gov/files/SORA%20Modification%20Proceeding%202019.pdf on page 33. It is not recommended that this be completed by a non-attorney. One is limited in the frequency of application allowed, and lay people are prone to error. If you can't... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: If I pay this, does the matter end there or will this escalate to criminal prosecution?

I pick up my child from school every day and drive her around to playdates and then classes and then (every other week) to her mother’s place 1 hour away. In Manhattan this is a nightmare as I need to find parking rapidly on the street, multiple times a day.

A friend offered a solution -... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

It could escalate if anyone is interested (after all you are in NYC) and Criminal Possession of a Forged Instrument seems applicable, which is an A misdemeanor.

1 Answer | Asked in Criminal Law, Family Law and Animal / Dog Law for New York on
Q: I live in my parents' house, and my sister has threatened to take my dog away/surrender him many times. Can she do that?

I got my dog from my aunt and uncle. He's my responsibility from training to vet visits, so on and so forth. My sister doesn't think I'm doing enough to train him, and has made it a point that she wants to get rid of him. We both live in my parents' house, and we both pay to... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

Before turning this into a legal case, speak to your parents, who I am sure will resolve this in little time.

2 Answers | Asked in Constitutional Law and Criminal Law for New York on
Q: A guy has been asking me to cash fake checks for a few months, should I go to the police to report him?

Met some guy who asked if he could cash his checks in my bank account, because he was having problems, and being extremely naive I did .I've only recently realized that they were fake, I believed him when he told me that his employer was having problems or something, and now I'm starting... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

You need to consult an attorney because you do have exposure as a conspirator in defrauding the bank.

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1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Q: Why would the oregon state police send me certified mail?

I was cited for a dui by the state police and also had my car impounded. I am waiting to go to court on it this month. Why would they send me certified mail?

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

To have written confirmation that you were notified of the enclosed document.

1 Answer | Asked in Criminal Law for Oregon on
Q: Is the defense required to submit items the client has provided for an opinion as discovery if it wont be used in trial?

I emailed a full version of a partial video the prosecutor already has in possession that is evidence to my case. I did this to ask her opinion on if it would help with my defense. She is now saying she is required to submit it as discovery even though I do not want to use it. is this true?

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

I assume that you are a prosecution witness or the complainant. The prosecutor is required to disclose all relevant evidence to the defense, including your video, or she can be sanctioned.

1 Answer | Asked in Animal / Dog Law on
Q: My neighbor kicked my dog, what action should i need to do to? Should i file case against him?
Marco Caviglia
Marco Caviglia
answered on Mar 19, 2017

In NY, dogs are chattel (property) and you might be able to recover the cost of veterinarian services for damages. Assuming no demonstrable injury, depending on the circumstances, you can report the neighbor to the local humane authority. It really depends on the circumstances if you want to... View More

2 Answers | Asked in Criminal Law for New York on
Q: My 18 yr old son has an impending case. If he receives probation, would he be prohibited from traveling to another state
Marco Caviglia
Marco Caviglia
answered on Mar 6, 2017

Typically, yes. Probationers are disallowed from leaving the county without permission from their probation department.

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1 Answer | Asked in Divorce for New York on
Q: How do I find a lawyer that does pro bono work?
Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

Contact the local legal aid office, the local bar association, and any special interest group which might be interested in your case.

1 Answer | Asked in Divorce for New York on
Q: What am I entitled to?

We've been married for 7 1/2 years and we're filing for a divorce. Nothing is in my name and I would like to know if I'm entitled to anything, such as spousal support?

Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

Some spousal support may be in order. You are entitled to an equitable share of any marital assets in the marriage and liable for an equitable portion of the liabilities from the marriage.

1 Answer | Asked in Divorce for New York on
Q: Will I have to pay permenent alimony if my wife has a mental illness. She collect social security

Married 14 years she has a mental illness and has not worked for 10 years but collect social security disabillity

Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

Possibly.

1 Answer | Asked in Divorce for New York on
Q: Is child support mandatory when getting divorce even if I don't want to put him on it

I'm filling for divorce but I was told I have to put my husband on child support but i feel like we have mutural understanding when it comes to money and our daughter so why should I do that

Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

Not mandatory, but the court must state and agree with the reasons why the custodial spouse is foregoing it.

1 Answer | Asked in Divorce for New York on
Q: My husband receives SS Disability in addition to his NYS pension, what would I be entitled to with 2 young children?

We have been married for 16 years and own a home together

Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

If you are speaking about child support, that income is included for purposes of calculating his 25% of post-FICA income for the support.

1 Answer | Asked in Divorce for New York on
Q: My divorce stipulation of settlement was signed by a judge but never filed with the court. Can I revoke the terms?
Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

Probably not, but if you are in a judicial department other than the 2d, you should consult an attorney as the filing may be at issue and have consequences upon its enforceability.

1 Answer | Asked in Divorce for New York on
Q: is an inheritance something that has to be divided in a divorce?
Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

An inheritance to one spouse is not marital property, so long as it is no commingled if it is susceptible to that nor signed over in some form to give the spouse ownership rights.

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