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NYC Labor Law Question for Medical Practice: (1) If we find proof that a doctor employed by our practice is also working for another practice during their employment contract with us, and during our practice office hours, thus violating the non-compete agreement, are we entitled to collect any... View More
answered on Apr 21, 2021
Your rights will be governed by the employment contract as to the non-compete and time off. You cannot offset your claims against earned salary, or you will subject yourself to labor violations. You need a court case to determine your rights.
I have a judgement against property from 2008. The debt has stopped being claimed on my credit. I want to sell the property but can't if there's a lein on it. What can I do about it, I don't understand the public record documents well enough to find my own answer.
answered on Apr 12, 2021
Judgments remain a lien on real property for 10 years from the date of entry unless extended by court order. If your judgment was entered in 2008, it is likely not still a lien.
My father just found out he was beneficiary to half of the home. My father will probate the will, Is my uncles estate due the half share? There are no clauses in will regarding either heirs death when will is probated. No mention of their in-laws or estates. This is in NY.
answered on Apr 5, 2021
The will governs the disposition. The uncle's estate would be surcharged for rent for the seven years.
i closed on a property in October 2020? one of the contract clause is that the seller will pay the DOB violation. The title company was supposed to pay for the DOB violation from the proceed as agreed. However, i discover the fund was returned to the seller as a "mistake". how i am... View More
answered on Apr 4, 2021
If you had an escrow agreement, then that agreement will govern. If it is a standard form, then the title company will be responsible and you need to make a claim, like any insurance. Look at your title policy.
If our assets are in a Medical Asset Protection Trust, can I continue to pay bills, cash checks, control my personal corporation through which I work as a freelancer?
When my wife passed away she had credit card debt on cards that were only in her name. She also had life insurance for which I am the named beneficiary.
Can the companies make me use the life insurance proceeds to pay the credit card debts?
answered on Apr 2, 2021
The general answer is no. There is a legal theory called the doctrine of necessaries in which they could sue you for certain types of charges, but it never happens if the balances are regular. Take the insurance, report your wife's death, and only do something if they contact you.
answered on Mar 30, 2021
A notice of pendency goes with an existing case. You are not right. Contact a lawyer to view your case.
answered on Mar 30, 2021
If you get a copy in the mail as well, it is valid nail and mail. Do not ignore it.
answered on Mar 30, 2021
I do not understand the question. You are in foreclosure. Your answer asserts defenses. If they are not sufficient, you will lose the case, and ultimately the judgment in the case will be to sell your house at a foreclosure auction. If you win the case, the house will stay yours.
answered on Mar 29, 2021
I am not sure what you are asking. A notice of pendency goes with a lawsuit. You need to answer the lawsuit. A notice of pendency functions like a lien, which preserves the property for the result of the lawsuit. Until the lawsuit is dismissed, it will impact the sale of the property and likely... View More
We have a judgment against us from an “old friend” who sued us and the case went all the way to trial in October of 2017. The judgment wasn’t filed until may 2019 and was never served upon us. Then the person said she wasn’t going to try to get the money anymore. We wanted to refinance and... View More
answered on Mar 26, 2021
The judgment rate in New York State court is 9% per annum simple interest, calculated from the date of the judgment, unless the judgment itself applies something different specifically.
My father was a beneficiary of an estate that was not settled prior to his death. After my father passed, we hired an attorney only to probate his will and assign an executor. Our attorney got involved with the attorney for the estate my father was a beneficiary of. We were told that we should not... View More
answered on Mar 18, 2021
You can request the checks be made a certain way, but if I were the lawyer for the first estate, I would insist that the check be made to the Estate of your father, and a release be signed by your father's executor. If you can get the lawyer to do otherwise, it is not illegal.
answered on Mar 6, 2021
None. That is why typically a merger with an existing congregation is done.
My mother who is sick and has Alzheimer’s has a condo in Florida that isn’t being used. We live in NY. It is in the family trust. It is willed to my estranged sister after mom passes. The maintenance fees are 400 a month plus taxes, and I would rather use that money towards her care or save... View More
answered on Mar 6, 2021
Short answer is the documents will govern what you are allowed to do. However, if the trustee has the power to sell, and a will says it should be conveyed a certain way, there may be some inconsistency in the estate plan which needs to be addressed. But, if the property is titled in the trust,... View More
I claimed bankruptcy many years ago. I keep getting a notification of an outstanding balance with Caliber Home Loans. The house sold in 2017 for over $40,000 more than what I owed on the house. I am wondering if I am entitled to any of this at all.
answered on Feb 15, 2021
You would be unless you had other creditors. The trustee would have paid all the creditors and then if anything was left, paid you. There should have been a final report in the case.
I’m the executor. My brother passed away on 2/5. Is he still entitled? This is in NY.
answered on Feb 14, 2021
Yes. As a post deceased beneficiary, your brother's estate would inherit. The will could have a provision dealing with deaths in close proximity, but if not, your brother inherits.
Brother (my dad). What is the process in regards to inheriting the house? I have her deed and she was the only person on there. This is in Puerto Rico
answered on Feb 14, 2021
This is a matter for a Puerto Rico attorney to handle.
answered on Jan 24, 2021
The short answer is yes, anyone needs to be evicted by court order. There is no self help lockouts in residential cases. However, the issue will turn on why your spouse is in the property, and whether your spouse claims ownership in it.
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