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Questions Answered by Howard E. Knispel
2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: How can my cousins in Maine gift me a piece of family land that is still in my great-great grandmother's name?

My cousin's father paid taxes on the land all of his adult life.

When he died, the town sent the bills to my cousins. They have been paying the taxes on the land for about 40 years.

They would like to gift the land to me, but title search shows the land still in my great-great... Read more »

Howard E. Knispel
Howard E. Knispel answered on Dec 2, 2020

You need to talk to a Maine Real Estate Attorney. New York law and Maine law is likely different, but if your great, great grandmother is deceased, the land likely transferred by operation of law (intestate succession or by will) even if the deed was never changed.

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1 Answer | Asked in Divorce for New York on
Q: I divorced in Tennessee and remarried 18 days later. Is my marriage valid? Do I need a divorce to dissolve the marriage?
Howard E. Knispel
Howard E. Knispel answered on Nov 30, 2020

If your divorce is valid, then your remarraige is valid. You do need to terminate your first marraige to remarry.

1 Answer | Asked in Family Law for New York on
Q: My babymother got into a altercation and she hit me from behind, I turned around and slapped as a reflex. What should Do

She’s threatening to get a order of protection against, sending me to jail and is not letting me see my child

Howard E. Knispel
Howard E. Knispel answered on Nov 23, 2020

If she hit you, you can file for an Order of Protection against her, and file for custody.

2 Answers | Asked in Divorce for New York on
Q: how do I begin asking for a divorce. My husband has been verbally abusive for a long time now and I have had enough. I w
Howard E. Knispel
Howard E. Knispel answered on Nov 19, 2020

There are basically two types of divorces, contested and uncontested. In an unconstested divorce, the parties agree on everything (custody, support, assets, etc.) and an agreement is drafted and signed by the parties and submitted to the court with other legal documents. The best way to start that... Read more »

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4 Answers | Asked in Bankruptcy for New York on
Q: I filed bankruptcy in July2020 it was discharged in Nov. 2020. Now lawyer wants more money to handle a lien on my home.

I retained a lawyer in July2019. Gave them all documentation plus a summons that I was being sued by a creditor. We filed the bankruptcy july 2020 and it has been discharged 2 weeks ago. I get a call from the attorneys office stating that they received a judgement in the mail that went to one of... Read more »

Howard E. Knispel
Howard E. Knispel answered on Nov 17, 2020

A motion to remove a lien in bankruptcy court is not part of the normal bankruptcy retainer. It is customary for an attorney to charge an additional fee for this service. A lien on the property stays on for 10 years. The debt, if discharged in the bankruptcy can not be collected except if the... Read more »

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2 Answers | Asked in Divorce, Family Law, Adoption and Child Support for New York on
Q: Does remarriage and adoption end court ordered child support in New York?

My mother and father divorced in 1984. My father was ordered to pay child support. My mother remarried in 1989 but my stepfather did not adopt me. Had he adopted me, would that have nullified the child support mandate?

Howard E. Knispel
Howard E. Knispel answered on Nov 16, 2020

Adoption terminates the parental relationship of the biological parent that is replaced by the adoption. As such, child support is no longer an obligation. However, arrears of child support still remain.

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2 Answers | Asked in Divorce for New York on
Q: Is my spouse responsible for at least a portion of debts we accrued when married?

We have a personal loan under both our names and a loan on my deferred compensation under just my name. Took the loans out to consolidate our debts. We have no children and no other assets in question other than my pension and deferred comp. Thanks very much for any advice you can offer.

Howard E. Knispel
Howard E. Knispel answered on Nov 11, 2020

Certainly an argument can be made that debts accumulated during the marriage, used for the household. Are marital debts and should be paid by both parties. Talk to an attorney for a more specific answer.

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1 Answer | Asked in Child Support for New York on
Q: If you have a open case of child support in New York and your Ex takes your kids and move to Florida without any notice
Howard E. Knispel
Howard E. Knispel answered on Nov 9, 2020

Has there been a determination of custody yet? If not, you need to file for habeas corpus immediately. If there is and your ex has custody, file a custody petition to change custody. Contact an attorney to file in Family Court in NY.

2 Answers | Asked in Divorce for New York on
Q: I have been a wife to same man 39 years. He know says he owes me nothing

He says no over time no shopping money. I have been taking care of him and the kids now no money can he do that?

Howard E. Knispel
Howard E. Knispel answered on Nov 6, 2020

In NY support is based on a formula comparing the respective incomes of the parties. You need to see an attorney to review your situation.

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for New York on
Q: My 18 year old left NY to Nebraska to stay with her girlfriend & parents. Parents never told me. 19's legal, what to do?

I went there to bring her home because she's a minor there. Police & all, she's not rational & the mom there never advised she was there. If 18 is a minor why couldn't she come with me as I'm her mother?

Howard E. Knispel
Howard E. Knispel answered on Nov 5, 2020

While I can not comment on Nebraska law, in NY the age of majority is 18 and a NY court will not take a case incolving the custody of an 18 year old.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can I make my kid's father give me their vital documents?

Recently had an emergency hearing to gain sole legal and physical custody of my children. Their father has been holding on to their birth certs, SS cards, and insurance cards and is refusing to give them to me. I understand I can order copies but this would cost extra money that I'd much... Read more »

Howard E. Knispel
Howard E. Knispel answered on Nov 2, 2020

You do not say whether the court granted you sole custody. If so, the court can order the father to turn over the docs.

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2 Answers | Asked in Child Custody and Family Law for New York on
Q: With a custody order in New York already, how can another state end up with full jurisdiction

She took my boys to Arizona despite a custody order in ny stating she couldn’t. Then filed an oop and got emergency jurisdiction in az. Would Arizona be able to take permanent jurisdiction?

Howard E. Knispel
Howard E. Knispel answered on Nov 1, 2020

Under the Child Support Jurisdiction Act, whatever state thew child has resided in for 6 months is the state of jurisdiction. If she has resided in Arizona with the children for 6 months then Arizona has jurisdiction. You can still fight the case but it would be in a Arizona court. You can also... Read more »

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2 Answers | Asked in Family Law for New York on
Q: I have a friend who’s 17 and her father said that he will still have control over her till she is 23. And will set up

A pins order and send her a way to a foster home till the age of 23. She wouldn’t be able to see her family members or noting. It makes no sense plus she is already in college

Howard E. Knispel
Howard E. Knispel answered on Oct 23, 2020

A person becomes an adult at the age of 18. PINS petitions are normally used by schools against truents to get them to stay in school. Regardles, it would have to be started prior to turning 18 and expire in a year from the date of the petition.

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2 Answers | Asked in Divorce for New York on
Q: I have been living separate and apart from my husband just over 3yrs. We have a fully executed settlement agreement

prepared by an attorney during mediation. I have full custody of our daughter and child support order, we sold the marital home and proceeds split we have no communication at all. I have bought a new house and i want to go ahead and file my final divorce. Can i do this on my own using the diy... Read more »

Howard E. Knispel
Howard E. Knispel answered on Oct 22, 2020

You are asking divorce attorneys whether you need to hire a divorce attorney. Basically, you can try to fill out the DIY forms yourself, however, be warned that this is a tedious and complicated endeavor. There are many attorneys who get their papers bounced because they make mistakes. Sometimes... Read more »

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2 Answers | Asked in Divorce for New York on
Q: Question regarding property after a divorce.

After being awarded ownership of a second home in New York, my friend got rid of some property of his ex-wife after one year. While going through the divorce both were told they were not to remove any items from the home but she came SEVERAL times without permission and took some items she wanted.... Read more »

Howard E. Knispel
Howard E. Knispel answered on Oct 21, 2020

Was there a specific list of items that werre deemed hers? Normally there is a deadline for a person to remove personal items from the property or they would be deemed abandoned. If that was not there, then this is a problem. He should not have disposed of any property without, at least, sending... Read more »

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2 Answers | Asked in Family Law for Maryland on
Q: my brother live in nyc his girlfriend on Sunday served him with papers from MD herself that he was order $300

he was never served with original court papers so how can he have to pay child support if he never knew he had to go to court in the first place so how did she serve him to let him know that had to go to court how was she granted child support if he never knew because I know in New York you have... Read more »

Howard E. Knispel
Howard E. Knispel answered on Oct 21, 2020

I assume MD means Maryland. You need to find an attorney in MD to find out how to open up a default.

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2 Answers | Asked in Traffic Tickets for New York on
Q: Questions regarding ticket-(speed in zone, failed to use designated lane)

Hello,

I travelled to Newyork for vacation and got two tickets Avoca Town(speed in zone,failed to use designated lane). I was overtaking a car using the right lane(2 lane freeway) and so the speed was also a little above the limit . It's interrelated but I got two tickets. Kindly help... Read more »

Howard E. Knispel
Howard E. Knispel answered on Oct 20, 2020

First, 20 miles over the speed limit is more than "a little" above the limit. You list Manhatten as the place, but I do not believe there is any 65 mph zone in Manh. The place you got the ticket is important because NY handles tickets differently in different counties and towns. In some... Read more »

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3 Answers | Asked in Traffic Tickets for New York on
Q: Got a speedingticket this morning but I'm switchingmy license to Connecticut in 2 weeks do I need to go to court

I got the speeding ticket in weschester county. There's a court date on it. Do I need to go and what should I do, plead guilty or not guilty? Since i'm switching my license to Connecticut in a couple weeks will it affect it? Also will points get transfered over?

Howard E. Knispel
Howard E. Knispel answered on Oct 20, 2020

Just because you are "switching your license" doesn't mean you can ignore a traffic ticket. You need to appear. Your driving privileges in NY can be suspended, even if you have a CT license. You might be able to get a reduced fine or less points by fighting the ticket. Better yet,... Read more »

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4 Answers | Asked in DUI / DWI for New York on
Q: what happens to me if i hit someone on bike and they die
Howard E. Knispel
Howard E. Knispel answered on Oct 19, 2020

You could be charged with vehicular homicide and, if you had alcohol over the limit, you could also be charged with Aggravated DWI. You need to see a lawyer right away.

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2 Answers | Asked in Divorce for New York on
Q: I want to divorce, my husband is aware but says he doesn't want to. The situation is unbearable can I leave ?

I have talk to my husband about divorce he said under no circumstances will he do that. The living situation is unbearable, abusive ( mostly emotionally) and uncomfortable. I can't live like this. Can I leave before filing. How does having a kid complicate this.

Howard E. Knispel
Howard E. Knispel answered on Oct 18, 2020

You do not need your husband's permission to get divorced but it means it will be contested. You do not need anyone's permission to leave the household, however if you take your minor child with you, this could be a problem. You should make sure you have a really good reason to take... Read more »

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