Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Benjamin Z. Katz
2 Answers | Asked in Probate for New York on
Q: i am trying to probate my aunts estate/property. Can i be assigned admin. her son is unresponsive to me. I am from NY

Her son, my cousin has blocked me from communications. He had a brother he passed away and his son (deceased brother) is incarcerated. The bank of the property is willing to allow me to action on the property if i provide letters of administration; my mother and i had paid for the funeral costs and... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Dec 11, 2019

Yes. If there is no Will naming a particular person as Executor/trix then you may apply for Letters of Administration.

View More Answers

1 Answer | Asked in Animal / Dog Law for New York on
Q: Who has ownership over the dog in this situation?

A friend and I share a dog. She originally got the dog and it started out as me going to her house to let the dog out.

Than I started keeping the dog. Days turned into weeks and week turned into months. She can go weeks even months without seeing the dog (she admitted this over text). I... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Dec 11, 2019

Each state has different laws and court decisions to guide judges in making ownership determinations. Since you live in Massachusetts, you would need the advice of an attorney there.

1 Answer | Asked in Animal / Dog Law for New York on
Q: 10 yr old dog, been splitting custody, time & visitation EVENLY with an ex for the past 5 years. Now ex is withholding.

I recently moved out of NY state, and have been traveling to transport the dog for the past 1.5 years via plane. Recently, my ex has asked (emailed) that I give full custody "because it is preventing them from finding true love, and is turned away by anyone they meet because of the 'abnormal'... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Dec 9, 2019

You have a strong position based upon your payment receipt, communication with the breeder and the letter from your psychiatrist. These items are still the best method to demonstrate legal ownership.

2 Answers | Asked in Estate Planning for New York on
Q: I am contesting my dads will and have to file an objection i do not have an attorney and am not sure how to proceed
Benjamin Z. Katz
Benjamin Z. Katz answered on Dec 4, 2019

All objections must be in writing or the Surrogates Court won’t consider them. You should consult with an attorney to determine what arguments to make.

View More Answers

1 Answer | Asked in Animal / Dog Law for New York on
Q: If a dog ran from it’s yard and tried to attack me and I fall and hurt myself can I sue them

The owner was running behind him scream no but it kept coming and I fell and hurt myself before someone else intervened

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 26, 2019

Yes. However, in New York there is a requirement that the dog has shown prior acts or conduct in order to prevail against the owner. It may require some investigation.

2 Answers | Asked in Contracts and Estate Planning for New York on
Q: When somebody dies unexpectedly and they have two powers of attorney are they responsible for disbursement of money

And a New York State is it true that somebody that has a felony cannot be the Executor of his estate

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 20, 2019

A Power of Attorney is not effective once the person dies. If there was a Will, once the Surrogate's court determines it is valid, Letters Testamentary will be issued to the Executor/Executrix. If there was no Will, Letters of Administration will be issued to the Administrator/Administratrix.... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Probate for New York on
Q: How long does it take to get letter of administration from the time petition is submitted to court in Kings county
Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 19, 2019

It depends upon the cooperation of potential distributees. If it is done correctly and everyone cooperates, it could be in 3-4 weeks.

3 Answers | Asked in Estate Planning for New York on
Q: Can I refuse to be a co-executor of my brother’s will before he dies or do I have to wait for the ultimate event?

My older brother has named our younger sister and me as co-executors; my sister and I do not speak and do not get along. I want to avoid the aggravation involved in this. I have asked him repeatedly to name either her or me (I don’t care which one), but I know he will never do this. Is there... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 10, 2019

If you told him that you don’t want to serve with your sister, that is all you can do at this point. If he dies before you and your sister, you can decline to serve. If your sister passes before him you can choose to serve.

View More Answers

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for New York on
Q: How do I file a claim against a lawyer (Versace) for discrimination?

I reside in the apartments he owns(big mistake). I have an ESA, and he's denying to accept it. Meanwhile I've seen 3 other dogs on the property.

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 6, 2019

You can file a complaint with New York State Division of Human Rights.

1 Answer | Asked in Animal / Dog Law for New York on
Q: My boyfriend gifted me a dog, we broke up and took the dog back from me, how do I get him back legally?

I moved from my house where the dog was staying a couple Months ago, and therefore he was staying with my boyfriend for a couple

Months. Me and my ex boyfriend got in a argument now he refuses to give him back. How can I get my dog back legally ?

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 3, 2019

I noticed you are in NJ. I’m not sure where the dog is but generally you will need to bring an action to recover the dog in the jurisdiction where it is located. Since most states (including NY) treat pets as property, you will need to prove ownership. Is the dog licensed to you? Do you have vet... Read more »

2 Answers | Asked in Estate Planning for New York on
Q: I am a missionary in the Philippines. My father died in 2011 and my brother took care of everything. I was not told if

Your first box only has one line-...there was a will or not. Then my brother died in 2016. I just found out through New York State that my father is owed money from a bank acct. The man could not tell me how much but did say it was more that $1,000.

It seems I need uthorization from the... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 25, 2019

Do you know if your brother brought an estate proceeding for your father? If not, you would need to petition the court for the power to discover and secure assets including the bank account. If you do it yourself it would only cost a few hundred dollars. If you hire an attorney it could cost about... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Probate for New York on
Q: Did my grandmother commit a breach of fiduciary responsibility?

My grandparents had mirrored wills and trusts. My grandfather passed several years ago, and my grandmother was the trustee and executor of my grandfather's estate. They had both signed a Joint Waiver of Agreement, a legally binding document whereby they relinquished the right to contest the... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 24, 2019

She may have breached her duty. However, that determination would have to be made after reviewing the trust agreement.

View More Answers

1 Answer | Asked in Elder Law for New York on
Q: Is it legal for a son to acquire a Reverse mortgage while mom in a nursing home? Two names on deed.

Two sisters on deed. Both with dementia. One placed in nursing home after stroke now deceased. Other sister in nursing home when other got sick. Son of deceased had her sign a reverse mortgage and received a large sum of money. Does the other sister still have rights to home as tenants in common? I... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 21, 2019

You should consult an attorney to determine the surviving sister’s rights. Your instincts may be right. But all the facts should be reviewed before a legal conclusion can be made and the proper action taken.

1 Answer | Asked in Animal / Dog Law, Family Law and Civil Litigation for New York on
Q: Who gets the dog and what are my rights?

A friend and I have been sharing a dog for about 2 1/2 years. She originally got the dog but I mainly takr care of the dog. I watched the dog more, trained, groomed him. She moved quite often and the dog was alone which is how I ended up with the dog so much. I would watch the dog for months at a... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 20, 2019

It sounds like you both potentially can claim ownership. However, based upon what you indicated, you probably have a stronger claim. The two of you can agree who is the true owner through a written agreement. If not, the Courts may have to decide for you if there is a dispute in the future.

2 Answers | Asked in Elder Law and Consumer Law for New York on
Q: Nursing Home is suing for Medicaid sanction, plus more.

I’m POA and we are both named in a summons Of over $110,000 that we need to reply to on Monday or receive a default judgement against us.

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 19, 2019

You need to answer the Summons and Complaint. It’s never a good idea to allow a default judgment.

View More Answers

3 Answers | Asked in Probate for New York on
Q: new York state probate. father died . no will . no spouse. im his son by blood. paternity established. am I entitled?

my father died recently here in NY. I am his biological son and the paternity has been established. what am I entitled too if he didn't leave a will and he was not married?

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 19, 2019

Under NY law you are first in line.

View More Answers

1 Answer | Asked in Animal / Dog Law for New York on
Q: My ex asked me to dog sit for him for 3 days while he went to rehab as he had no one else to care for him and didnt want

to lose him. It's 11 days over the agreed upon date he would retrieve the dog. I have called and texted asking when he plans to come and I am ignored. He has told a mutual friend via text that he has no where to bring the dog. How long before I can surrender the dog to a rescue to find it a... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 18, 2019

You can take the dog to local shelter at any time. Make sure to give them all your ex’s contact information and let him know where you brought the dog.

1 Answer | Asked in Estate Planning for New York on
Q: I am gifting my house to my son but can I use a warranty deed instead of a gift deed in New York State
Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 10, 2019

Yes. A warranty deed means you, the transferor, are guaranteeing that you hold title to property. A quitclaim deed does not make that guarantee. Many gifts are made by quitclaim deed because they don’t have that warranty. Both are proper.

2 Answers | Asked in Estate Planning and Probate for New York on
Q: Are a will and a health Proxy made in the state of MA (3 years ago) are valid in the state of NY?
Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 4, 2019

If the Will and HCP are valid in MA then they are valid in all states. However, if you have permanently moved, it is best to have both reviewed by a NY attorney. Some, like myself, will do that at no charge.

View More Answers

1 Answer | Asked in Animal / Dog Law for New York on
Q: Found a dog but could not find its owner. What are my rights?

My fiance and I found a dog walking around without a tag, and couldn't find out where she came from. We posted and checked lost dog groups on Facebook, checked the area and surrounding areas frequently but did not see any posters. We planned to foster the dog until we found the owner but it's been... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 4, 2019

To apply for a dog license, most municipalities only require proof of vaccinations. However, before you do all that you must report to local law enforcement and check with local animal shelters. If you don't, any claim to ownership will be jeopardized for the future. You should also post... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.