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My mom passed away on 1/31/23, she had no will. At the time of her death she had a Mortgage with 219K left to pay off and 60k in credit card debt, and only 4k in savings. I would like to keep the house so I payed off her credit cards. By negotiating with the lenders I was able to reduce the 60k... View More
answered on Jun 13, 2023
No. If there is equity, the bank will not take less, and you will be paying default interest, attorneys fees and other costs. The credit cards are different as there is really no way to collect so they take a good deal.
answered on Jun 11, 2023
If you do not know what court you think entered it, you can run a credit report. You may need a private investigator to do it.
corporation petition was acted upon locally, Montgomery County NY. We received a letter from the law clerk that a corporation cannot appear pro se before the court. In speaking with other congregations, this is unheard of. Any advice?
answered on Jun 10, 2023
Anytime a corporation appears in court, it must have a lawyer. It is a statute. There is an exception for small claims. Thus, it is not "unheard" of. I am not sure why you are in court. Membership in the Methodist governing body is a private matter, so there must be other issues here.
I wrote a down payment check and filled out all the paperwork. But I haven't taken possession of the car.
answered on Jun 9, 2023
You may be in breach of the contract, and sued for what you owe. You would have to have a reason for not doing it. Stopping payment of the check may have been wrongful.
Can I reimburse myself prior to filing his estate taxes?
answered on Jun 8, 2023
You can reimburse yourself as you go, but the disbursements are not approved and subject to clawback until you have a final accounting approved, or waivers from all parties. Your lawyer should know this. If you do not have one, and money is tight, it might be a good idea to have a lawyer.
The deceased family member lived in a different state than us and left no assets. We also had their mail temporarily forwarded to us in NY. The bank traced the forwarding and filed a suit in our state. They are unaware the family member has passed. Should we just alert them to the death and be... View More
answered on Jun 6, 2023
Just alert them to the death. A copy of the death certificate would be a plus.
I would like to get power from my father without my uncle knowing, because my uncle is trying to establish a condition that I do not want. However, does my father's condition make legal action null since he cannot remember that well?
answered on May 31, 2023
Capacity is an issue that can be raised to challenge whatever you do. Try to get a doctor to write that he has capacity to make a deed on the day you do the deed.
Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart,... View More
answered on May 30, 2023
It depends on who owns it now. You would need to be formally evicted by the buyer. If you do not own it at all, you have a moment of leverage to ask for money to relocate, which will facilitate the sale. You can hire a lawyer to look into it for a small fee.
should i get documentation before he passes and how would that impact me in terms of taxes
answered on May 18, 2023
The answers you got are right. When you say he "owns" it, are you sure only his name is on the current deed? If there is no will (which could leave it to anyone), and you are next of kin, you would inherit it. There is no tax due unless the building is worth millions. A bequest is not... View More
I would like to know about your costs and fees. my son who has autism is turning 5 this year and he is starting Kindergartner and the schools that i contacted asked that he is represented by a lawyer. i don't know why and i would like to know about it if its possible. i also wanted to know the... View More
answered on May 15, 2023
Your child has "special needs". As such he needs what is called an IEP. Does he have one? Also, I am not sure what school you intend on having your child attend. You may need a lawyer, but you definitely need a plan of action. More facts need to be known, like where on the spectrum... View More
My stepfather came from Poland at ten years old with only one brother and parents (all deceased). He was with my mom for forty years and never mentioned Polish relatives as he was here since a child. He named me and my siblings in his will specifically. I am named executor of his estate in NYC. The... View More
answered on May 12, 2023
Even if there is a will, the next of kin must be cited, as the next of kin is a necessary party. Here, you do not know the next of kin, as it will likely be a cousin. Thus, the court is right. However, you can do your own search. Call the Polish consulate in NYC, and see if there are records... View More
I spoke to an attorney a few years back who advised if I wanted to pursue the property I should be prepared to spend thousands & thousands of dollars which I'm not prepared to do. My question is do I just wait for everything to play out and be contacted by the courts on the outcome.... View More
answered on May 9, 2023
It depends if you are an heir of the property and what you want to happen. It also depends if there is any equity. I would need much more information.
My mother is also deceased. The property is up for foreclosure and an administrator was assigned I think. I've been getting pestered by investors to sell my share and the deceased family to sign forms last three years
answered on May 9, 2023
I agree if someone wants you to sign something, you must have something of value that can be sold. More investigation would need to be done to determine what value to place on it, and whether you should cooperate.
There are 19 nieces/nephews - 16 of then live oversears and/or had no role/interest in caring for our aunt or her health. Many of then are well off financially and dont need this money. Only 3 of us took care of her for 25 years. Can the 3 of us prevent them from benefiting from the Estate of... View More
answered on Apr 23, 2023
If she is still alive have her do a will. If she is dead then no.
answered on Apr 19, 2023
There is always a reason. You most likely withdrew uncleared funds on a check that bounced. However, more facts are needed.
We used to live in New Jersey with my wife and son until 2020. During Covid, we both lost our jobs and we were priced out from the US. We moved to Italy, to be close to our family during this time of need. Unfortunately, we have not recovered financially and we are now unable to pay our credit... View More
answered on Apr 17, 2023
There is no way to collect an American debt in Italy. Eventually, judgments will be entered in the USA. If you are never returning, there is no worry. If you come back, you can file bankruptcy then. With no jurisdiction in any American district, you cannot file bankruptcy here.
I’m entering into probate with my 25 year old domestic partnership who died from sickness. Sisters want nothing to do with him
answered on Apr 12, 2023
The age of the will is irrelevant. You have unlimited time to probate, but if the sisters come in and say there is no will, they can take the property from you. So, file the will ASAP so you stake your claim.
A university is asking me to pay it and the deadline is passed.
answered on Apr 4, 2023
If it is a student loan from NYS, a judgment will be recorded. If it is something else, the NY attorney general is counsel to all State universities and they will sue you.
My late parents had assets in an irrevocable grantor trust. The beneficiaries are all in agreement, and wish to disolve the trust. How does one go about doing that? the trust holds some funds, a residential house, and a small interest in a commercial property. Thank you.
answered on Apr 4, 2023
It depends on the terms of the trust itself, but generally, there are forms to be created and signed by all interested parties (trustees, beneficiaries). It may require a Supreme Court order.
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