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Questions Answered by Elaine Shay
3 Answers | Asked in Probate for New York on
Q: My mom passed 2019, no will. Court appointed brother executor , sold house 32,000 value was 101,000 still no money

He emptied her bank account. Paid taxes late making fines, harassed beneficiaries, no record of accounting may 2021 house sold 1/3 value he never has assessor come in., what can husband and daughter do now ?

Elaine Shay
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Elaine Shay
answered on Aug 19, 2022

Based upon your description you may have claims against the brother for breach of his fiduciary duties as executor. To assess how best to move forward, you should give serious consideration to meeting with a local attorney to review your situation in detail and decide how to proceed.

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1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My grandmother is 94y old, of sound mind, PR resident. What is the average cost of drafting & filing a Living Will?

She is in the process of selling her home. In the event she passes before home is sold, the proceeds of the sale would go to the heirs.

At which time then, the heirs would need to file to obtain these funds. Is there a way to avoid the legalities later, by drafting & filing documents... Read more »

Elaine Shay
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Elaine Shay
answered on Aug 18, 2022

Since your grandmother resides in Puerto Rico, your question would be better directed to attorneys in Puerto Rico instead of New York. However, regardless of the jurisdiction, a living will does not address the disposition of property but merely the care of someone who may become incapacitated.

1 Answer | Asked in Real Estate Law for New York on
Q: Hello, I take my HOA to court for maintenance that is causing damage to the inside of my unit for the second time.

I am scheduled to appear in small claims court August 16, 2022 with the management company because they continue to tell me air coming into my unit from the foundation is my responsibility. After I filed the claim and received a date I discovered water intrusion, notified the management company and... Read more »

Elaine Shay
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Elaine Shay
answered on Aug 9, 2022

Since Small Claims is only authorized to make monetary awards, you may not be able to obtain the proper relief in the case you initiated there. Issues with a Boards obligations to make repairs may require injunctive relief which you can obtain in Supreme Court, where you are best represented by... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello, I live with my elderly, disabled mother in a rent stabilized apt.

Hello, I live with my mother in a rent stabilized apt. Unfortunately i was let go from my job during covid and got backed up on my rent. I had to quit my new job also because i was accepted into nursing school. My mother is disabled and on dialysis. My name is on the lease. My question is, can we... Read more »

Elaine Shay
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Elaine Shay
answered on Aug 9, 2022

There are many available services to assist tenants with avoiding eviction based upon age or disability status. However, neither age nor disability status bar evictions for nonpayment of rent

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord is threatening me because I reported the tenants upstairs for dealing drugs. What can I do?

The letter states that my landlord will violate my and my brother's lease because I have reported the tenants upstairs to the police because they deal drugs out of their apartment. Because I witnessed a favorite tenant of the landlord's buying drugs from one of the drug dealers upstairs,... Read more »

Elaine Shay
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Elaine Shay
answered on Aug 5, 2022

You may want to contact the Tenant Harassment Prevention Task Force

https://www1.nyc.gov/site/hpd/services-and-information/thpt.page

1 Answer | Asked in Real Estate Law for New York on
Q: A church owns a house in Orange County NY and our Bishop lives there. How can we transfer it to him?
Elaine Shay
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Elaine Shay
answered on Aug 3, 2022

If the church that owns the property is a non-profit, which is extremely likely, the proposed transfer would have to have the approval of the NY Attorney General or the Court.

3 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord require proof of my chronic illness to make a repair?

The intercom and buzzer for my apartment hasn't worked in over a year. My building management has claimed over the same year that they are waiting on a chip to replace the entire system. In the interim, Ive requested an electrician look at the current system to see if a temporary solution... Read more »

Elaine Shay
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Elaine Shay
answered on Aug 2, 2022

Call 311 to request an inspection for a housing violation.

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1 Answer | Asked in Landlord - Tenant for Puerto Rico on
Q: I rented an apt in Puerto Rico. The landlord assured me the place had been fumigated.

He assured me it was fumigated because I pointed out there were two empty one gallon jugs present at the viewing. Over the first two months the bugs were so thick I would awaken at night with bugs covering me. I stayed a total of ten days in two months complaining they needed to handle it. Can I... Read more »

Elaine Shay
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Elaine Shay
answered on Aug 1, 2022

Since laws vary by jurisdiction and the apartment is in Puerto Rico, you will need to direct your question to a board with attorneys admitted to practice in Puerto Rico instead of New York.

1 Answer | Asked in Real Estate Law and Elder Law for New York on
Q: My husband was just hospitalized with dementia and will not be coming home. What are my options for selling our home?

The doctors tell me he does not have the capacity to handle legal matters, including health proxy, etc. and probably cannot sign off on a mobile home sale. Can I legally sell the property on my own? I really do not want to live here without him, so would look into a senior apartment. It is my... Read more »

Elaine Shay
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Elaine Shay
answered on Jul 28, 2022

If you have a durable power of attorney, you should be able to proceed with a sale. However, if you do not have a durable power of attorney, you would need seek appointment as your husband's guardian before proceeding.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is my landlord responsible for paying the heat and hot water as the residential lease for the house in New York I rent ?

Lease stipulates: Section 5.5 Tenant will be responsible for all utilities and services required on the Premises except that Landlord will provide the following: Heat, Hot Water

Elaine Shay
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Elaine Shay
answered on Jul 28, 2022

Generally this type of provision is interpretted to mean that the landlord is required to maintain the equipment that generate heat and hot water but the tenant is responsible for the associated utilites necessary to generat the heat and hot water.

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Landlord - Tenant for New York on
Q: What shall I do?

I am considering to take a legal action against my tenants on 1st floor in my rental house (legal 2-family) due to tenants behaviors as follows:

- Repeatedly using my private garage without my permission;

- Repeatedly opening my private letters, and sealed them back;

-... Read more »

Elaine Shay
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Elaine Shay
answered on Jul 25, 2022

If your tenants do not have the protection of an unexpired current lease and are not rent regulated, you may commence a holdover proceeding to recover possession of the apartment. Strongly recommend retaining an experienced landlord/tenant attorney to assist you with the process.

1 Answer | Asked in Real Estate Law for New York on
Q: How much will it cost me to go through you to transfer a property deed?
Elaine Shay
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Elaine Shay
answered on Jul 5, 2022

The cost for transferring title to property includes many elements in addition to legal fees, such as transfer taxes and recording fees. These fees are related to the price paid to transfer the property as well as the type of property being transferred.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a tenant install a door camera, and record other tenants coming and going without there permission in N.Y.?
Elaine Shay
PREMIUM
Elaine Shay
answered on Jul 5, 2022

Generally, people are free to record others in public. For example, a landlord may install a video camera in building hallways or entrances provided they are not aimed to view the interior of tenants' apartments. Likewise, provided it is not prohibited by the terms of a lease, a tenant may... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can I have a legally prepared agreement with a month to month tenant to ensure that tenants adhere to the rules?
Elaine Shay
PREMIUM
Elaine Shay
answered on Jul 1, 2022

If your property is not rent-regulated, you may legally have a month-to-month rental agreement with your tenant. However, like with all tenancies, if a tenant fails to adhere to the terms of the agreement, you may still be required to go to court to enforce your agreement or obtain relief such as... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord increase rent by 700 dollars?

Landlord has increased rent by 700 dollars in the span of 2 months, most recently they increased by 500 dollars this month and only gave a 15 day notice. They said that if we do not pay the full amount then we should start getting ready to be evicted.

Elaine Shay
PREMIUM
Elaine Shay
answered on Jun 24, 2022

If a residential tenant in New York resides in an apartment that is not rent regulated and does not have the protection of a current lease, there is no restriction on the rent a landlord may charge. However, if the landlord seeks to increase the rent 5% or more, the landlord must provide the... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can the landlord kick me out? In the case the landlord can, how much time do I have to leave?

The landlord has been complaining about noise after 11pm. They live below, but sometimes we may get up at night to use the bathroom. The landlord is threatening up for months about having to leave. We installed foam flooring and a rug to help absorb any possible noise. This is a month to month... Read more »

Elaine Shay
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Elaine Shay
answered on Jun 22, 2022

Unless a tenant is rent regulated or has the protection of a current lease, the landlord does not need to justify the reason he or she may seek to evict a tenant. However, the landlord must obtain a judgment of possession from court before evicting any tenant.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Management made the super knock on my door for the rent. That is a private matter that the super shouldnt know right?
Elaine Shay
PREMIUM
Elaine Shay
answered on Jun 22, 2022

Wrong. There is no requirement that truthful information regarding rent arrears be withheld from employees working on behalf of the landlord.

1 Answer | Asked in Real Estate Law for New York on
Q: Hello, I am building a home in NC and SC They are each past the dates of completion.Can I get my money back? Andrea

There is no date for closing. Each place says thanks for your patience but can’t say when the houses will be completed.

Elaine Shay
PREMIUM
Elaine Shay
answered on Jun 17, 2022

The laws in different states can vary substantially. Therefore, as these properties are not in New York, your question would be better directed to attorneys in the states where the properties are located.

2 Answers | Asked in Landlord - Tenant for New York on
Q: I lease an apt but don't live in it what rights does someone living in it 3yrs have?

I gave her 60 days notice to leave and she said she has rights and that I cant do this. I have family that wants the apt.

Elaine Shay
PREMIUM
Elaine Shay
answered on Jun 3, 2022

If you subleased your apartment, you stand in the role of landlord to your subtenant. If your subtenant will not voluntarily vacate, like any landlord, you must commence a court proceeding to recover possession.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Need a landlord attorney that won’t break the bank. Tenant has not paid rent going on 4 months

Tenant has blocked all communication with us. Saw her in driveway over the weekend and she acted like she did not know who I was and called the police saying she was being followed and harassed, I was just asking if I could please have the rent. Trying to do this the nice way, gave her 3 separate... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on May 24, 2022

Like myself, there are many attorneys who respond to questions posted here and can assist you with a landlord/tenant matter. Simply search the attorney directory and select one or a few attorneys to reach out to and interview.

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