Should the beneficiary follow the instruction of this probate attorney if what he says is not in writing?
Your question is not clear. If you are a beneficiary and you don’t trust the attorney handling the probate you can retain an attorney to advise you. I’m not sure what you are asking about the judge.
Can I contest that will as I have several other wills spanning 27 years that do not have my sister or her children in it.
Can I ask the court to appoint an Independent Executor as my sister abused her POA role before my mother died?
The Substitute Executors are not interested in the... Read more »
You can object to your sister’s appointment and to the validity of the Will. However, I would encourage you to retain an attorney to advise and assist you.
Dad has been dead many years. 3 kids, mom still living. Only asset is one house in NYC. How much does mom get if we sell home after intestate is completed by the court?
The laws of the state where Dad was last a resident will apply. If he was a resident of New York and died without a Will, assets are split 50% to surviving spouse and the other 50% to surviving children.
She didn't ask if the dog could stay nothing. Just came home to her dog and everything else she owned gone. She's been over since and never says a word about the dog. I pay for food medicine everything for 9 months. She came over and while I was busy with the kids she took the dog. Now I... Read more »
You would have to sue her for ownership rights to be recognized. You can claim she abandoned the dog. However, unless she said or did anything that clearly expressed her wish to abandon, it will be an uphill battle. If you want to recover what you spent, you can sue her to be reimbursed for the... Read more »
The husband had a stroke and is on disability. He wants to put his house, co-owned with wife , in an irrevocable trust for his children. He is then going to receive Medicaid to pay for his maintenance in an assisted living institution. Is the house protected from the liens or other governmental... Read more »
Yes. However, the law is scheduled to change shortly. Right now there is no look back period for Medicaid involving assisted living. After October 1, 2020 there will be a look back period. The transfer needs to be done quickly and properly.
If the hobby breeder sells 10 or more dogs or cats a year they are subject to the pet lemon law.
We were asked to prove paternity. Our daughter is 27 yrs old we lived together 29 yrs hes on certificate.
If he is listed as her father on the birth certificate there should be no need for a paternity test. Who is asking?
I am trying to find out how I get items in a safe deposit box appraised if I cannot remove the items?
Facts:
1) The owners of the box are me and my father, my father is deceased. The bank knows this.
2) The bank is in NY.
3) The items within the box are likely small... Read more »
If you are listed as a joint owner I don't understand why you are not being given access. However, I suggest that you file for a small estate for voluntary administration based upon the assets you are aware of. Once you are empowered by the Court, you can certainly get access to the safe... Read more »
would the will be still valid? he was single he has one half sister a nephew and a niece. who gets what of his estate?
You should ask an Alabama attorney. However, i suspect any changes made by hand will not be considered valid and may invalidate the whole document.
I live in Georgia and she lived in New York. I am the Executor of the will if appointed voluntary administrator is that all I need to carry out duties as Executor and will I be able to access banking info and have access to her apartment.
If your the Executor named in the Will, you must petition the Surrogates Court for Letters Testamentary. Once the court issues you Letters Testamentary you can access bank accounts and her apartment. Be aware that if she owns a co-op, your ability to sell or transfer her interest in it may be... Read more »
The co-op board says we have to purchase her co-op then be approved first before we can sell it. and there are fees involved of course and we need to hire a lawyer. Is this legal?
There may be a way to avoid having to transfer the co-op into all four names before selling it. Assuming none of you wish to keep the co-op it would be necessary to review the Will and the co-op Offering Plan.
I am named as executor. I am not on her bank account as joint owner but through power of attorney had access to her accounts.
The POA is ineffective after death. You need to probate the Will to gain access to her accounts. You can do it yourself but it is generally wiser to have an attorney help you so there is less chance of mistakes.
A lady who filed it accused my friend of having her dog threatened her while walking pass my friend’s property with no fence. The dog is friendly and well behave. She also does not remember interacting with the accuser or anyone. So we are not sure here if we need a lawyer
If this is a hearing to determine if your friend’s dog be deemed a “dangerous dog” there may be serious consequences. Depending upon the facts, a judge may impose restrictions on the dog, may require training, muzzling or other limits on its movements. In cases where there is a history of... Read more »
The trial began months ago w.the other side rested but due to Covid-19, put on hold. During the pandemic, I lost my job and attorney who got Covid-19. Pre-trial, he filed a MTD 3211 on estoppel based on a sister-state's trial they lost on same matter, but other side lied saying it was not on... Read more »
I would not do this by yourself. You should hire an attorney. CPLR 4401 usually relates to the evidence presented at trial. CPLR 3212 is a motion for summary judgment, asking the court for judgment based upon the law. If you previously moved for the relief requested a motion to renew or reargue may... Read more »
It was a puppy that had fleas and worms in bald spots. It seemed neglected. Waited a few days and got no contact. It has been vaccinated and was rehomed. Before post I can put the post down I got a call. They admitted they let the puppy roam with cat’s outside, I guess this is why he was on the... Read more »
If you never had possession of the dog and only helped your brother post that he found a lost dog I don’t see a case against you. However, I can’t promise that they won’t try.
Mother states my 11 year old dog is hers and I will not be able to take the dog when I move out. The dog is the daugther of my grandmother's dog (purchaser is my mother).. She was given to my uncle at birth by my mother (I do not know if the dog was registered) and raised in his house for 8... Read more »
Custody and ownership disputes generally come down to the facts. If you are able to demonstrate that your uncle transferred ownership to you, a court will most likely find in your favor. However, this would require you to sue your mother. I would recommend that you register your ownership of the... Read more »
I submitted my ESA letter to my. building complex. My building has a no dog policy. The animal I would like to have as an emotional support animal is a dog. The building rejected my request because in my ESA letter my psychologist stated that any animal I choose would provide me emotional support.... Read more »
I deal with these situations quite frequently. It would be a good idea to have your psychologist specify or clarify why a dog rather than another animal is preferred for therapeutic reasons. However, even if not, Management is precluded from imposing the no dogs policy on you. Many times this can... Read more »
So my mother sold our family dog who is a yorki mixed poddle. We gave her to a couple who has 2 other dogs and wanted our dog Chloe. Of course we gave them Chloe. We checked up on them to see if chloe has adjusted to the new environment. They told my mother that she kept throwing up. So I told my... Read more »
If you transferred ownership without any conditions you do not have the legal right to demand her to be returned.
so i put to puppies on hold with a deposit of 150 on each puppy so i only needed to pay them 300for the remaining of what they wanted . i picked one out on the 13th and one out on the 14th. 2wks latter i get a phone text that her sisters dog attacked one of my puppiues and needed to be put to... Read more »
The police in either state will consider this a consumer/civil matter not criminal. If you paid by credit card, call credit card company to dispute charge. You can make a complaint with Better Business Bureau, Attorney General’s office and Department of Consumer Affairs. If all else fails you can... Read more »
I put a non-refundable deposit on a puppy for $200, the breeder gave me a receipt, the time to pickup the dog has come and the breeder won’t respond to my texts or calls, what can I do?
If you have made several attempts to contact the breeder without a response you can certainly call the Better Business Bureau or the Department of Consumer Affairs. If the $200 was on a credit card, you can dispute the charge with credit card company.
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