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I am the administrator of my father's estate. My stepmother who is predeceased my dad took out a mortgage in her name only several years before she died. My dad never had the mortgage changed to his name neither did he add it to any paperwork he just paid it when it was due. Since his death... View More
answered on Sep 9, 2022
You are getting bad information. If you are administrator, you are entitled to information. If a foreclosure has not started you have time. However, you will have to reinstate the mortgage by paying all arrears to avoid foreclosure. The bank will not take partial payment. Hire a lawyer to deal... View More
Plaintiff owns 75% of Company A. Defendant owns 15% of Company A. (So a third party owns the remaining 10%.) Plaintiff sues both Defendant AND Company A. The lawsuit seeks to dissolve Company A.
Two questions:
Defendant can obviously accept service on behalf of themselves, but... View More
answered on Sep 9, 2022
A shareholder, just by being a shareholder, cannot accept service. Service must be on an officer or director, or the registered agent. A minority shareholder can fight the dissolution, or demand a buyout based on the value of the corporation as determined by a court. The procedure is in the... View More
answered on Sep 2, 2022
Depends on the terms of the contract. The contract will say.
answered on Aug 31, 2022
In New York, the estate, but costs can be assessed against the beneficiary if there is a specific bequest.
answered on Aug 26, 2022
The City will have put a repair lien on your property, which accrues interest at 18%. Pay the lien and fix the building, or the City will sell it to pay the lien, leaving you with nothing.
Just text messages? Emails I gave it to them in cash the money was deposited into my account I withdrew cash and gave it to them
answered on Aug 24, 2022
Sure. But what proof do you have that you loaned the money you borrowed to them?
I have not seen the Will but according to court documents, the property was named the Mourhess Family Trust and my brother was named as the Trustee. Before my mother died (she was in ill health) she sold both properties to my brother for $1 total, without me knowing about it. After she died, my... View More
We have an adjacent neighbor whose driveway has two exit points: at one end onto a main road which is what they are supposed to be using, the other end onto our church parking lot and then onto a side road. Part of the driveway that leads to our parking lot crosses over part of our property. The... View More
answered on Aug 23, 2022
Yes and no on the ownership. If you write to them and tell them to stop, that cuts off any ownership issues. You can legalize the driveway through your land by doing what it called an easement. It is a recorded document, like a deed, that states that the driveway is for access but subject to... View More
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 ?
answered on Aug 19, 2022
Based on your post, you are clearly confused about the case. An executor is in a will by definition. Thus, the statement there is "no will" and the brother is "executor" is legally inconsistent. I am not sure what happened here by your post. Is an "assessor" an... View More
I own my home in my name.
answered on Aug 18, 2022
It depends what you want to achieve. A primary residence should go into a QPRT for tax purposes, and you need a disinterested trustee.
The deed reads the husbands name and wife’s name and wife’s daughters name as the owners. What does ux mean in terms of wife’s ownership. The Deed doesn’t have ux in it. I was asking because I ran in to the term. On the deed/ mortgage itself says John Doe and Jane doe and Mary doe.
answered on Aug 18, 2022
"UX" is an old style abbreviation in Latin for "husband and wife". I would need to see the deed, but it sounds like it is 50% the parents, and 50% the daughter. The parents have survivorship rights between them, but as to the daughter it is tenants in common.
Grandfather passed away a few months ago and gave a life estate to my aunt who lives in the home. She is also the executor of his will. I am a remainderman. Now that probate is complete, should I have received anything that says I own an interest in the home? Or it is simply passed on to me upon my... View More
answered on Aug 17, 2022
There should be a recorded deed with you as remainderman, and aunt with life estate. Ask the lawyer for a copy, or you need to go to the County Clerk (if Suffolk Co., which is where you posted from).
The repair took 11 months. I got a call from them offering to ship the repaired watch to me. I accepted.
The box arrived last week and it contained only the empty pouch. The watch was not there. I emailed and called and finally went to the store. They claim that they had put the... View More
answered on Aug 16, 2022
For $16,000 you can definitely sue, so long as you have the paperwork showing you gave them the watch.
She has neglected her obligations for over 6 months. she is frail and forgetful. she's financially solvent Recently I helped her pay the following: rent arrears to the landlord's lawyers, Con Edison shut off notice, cable tv, land line phone, car insurance, car mechanic. but she cannot... View More
answered on Aug 15, 2022
If you can get a POA then you can handle matters but so can she. A guardianship cuts off her ability to handle matters and is more sweeping. Up to you.
I am also awaiting the Surrogates Court appointment as the Voluntary Administrator of her Small Estate (I am the named Executor in her will). Its been two months - courts seem backlogged - and can provide no estimates to this appointment - so I can't distribute property to beneficiaries yet. I... View More
answered on Aug 9, 2022
If she has joint title with you, she gets equal access. Thus, you cannot prevent her entry. If there are personal items to secure, remove them to another location. Unless the items are titled in some way, no one can ever determine who owns what.
still pending because no judgment was entered?
answered on Jul 7, 2022
No. There is no oral dismissal. The judge has to enter something on the record. Order the record from the proceeding and ask the judge to "so order" his transcript. Or, call the judge's clerk and ask them to enter a dismissal.
Servicer says since it was in bankruptcy I am not liable for the debt but I signed a modification and have been paying for 3 years. So exactly what does that mean??
answered on Jul 6, 2022
The lender stopped reporting to the credit bureau. It did not change your legal status as a borrower. Did you get a discharge in the Chapter 13 of any of the debt?
The house is in her name, her live-in boyfriend has a few bills in his name but not on the house.
She did NOT have a will.
The house is in semi-okay condition. It needs a lot of work. I would like to know how/when I should get the process started for putting her house on the market... View More
answered on Jul 2, 2022
All four agree on one of you to be the estate administrator. Get appointed by the court, and sell the house. If no one contests, there is no court hearing, and no need for you to ever go to NY. Should be inexpensive and reasonably quick.
Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?
answered on Jun 27, 2022
I think I understood your question until the 1 of four point. You went from two people to four people. I would need more information, or better yet, have a lawyer look at the documents.
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