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Questions Answered by Benjamin Z. Katz
1 Answer | Asked in Animal / Dog Law for New York on
Q: My dog bit a human while he was trying to get at another dog at a dog park. Next course of action?

I am in NY. I was at a dog park alone with my medium mixed rescue dog and he was triggered by a puppy coming in. While we (the puppy’s owner and I) tried to break up the two, my dog bit the lady’s leg. We separated the dogs and an ambulance came while I waited. A Police report was filed. I... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 21, 2020

I suggest you have her sign a General Release and agree to pay any medical bills not covered by her insurance.

2 Answers | Asked in Estate Planning and Landlord - Tenant for New York on
Q: My mother just died and has 6 months left on her lease. Are we liable for the rent if the landlord rents to someone else

We just wanted to know if it's in our best interests to vacate as soon as possible. I assume the landlord will get a much higher rent since it's rent stabilized. Can the landlord charge double rent, i.e., to my mom's estate and to the new tenant? I don't think so, but just thought i'd confirm.

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 17, 2020

No. The landlord can only recover lost rent. If he rents it out it is not lost.

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1 Answer | Asked in Contracts and Animal / Dog Law for New York on
Q: What constitutes legal cat ownership?

We are fostering a special needs cat from a veterinary clinic which was also my fiancé’s employer. The Foster agreement was meant to lead into an adoption. However due to circumstances that were unavoidable she resigned her position. Now there is conflict with clinic which might lead to them... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 15, 2020

Most fostering agreements do not contain provisions for ownership. Any legal rights that you may potentially have will be contained in the fostering agreement or through written or oral statements made by the employer.

3 Answers | Asked in Probate for New York on
Q: how long can a attorney, hold a probate/ will without notifying any of the benificeraries or any amounts or findings?

its been 6 years already and he obviously had no intention of notifying the beneficiarys that everything was completed nor did the executor, something is very fishy, I contacted the attorney and asked for all papers he said I will try to get things together, Said its been 6 years he said I really... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 7, 2020

That seems like a very long time for you to not be informed of the delay.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: TOD stock account. Who has the authority to liquidate the stocks in the account once the owner is deceased?

No estate account and no executor has been appointed

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 29, 2020

The account must have a named beneficiary. Upon death of the owner, it is supposed to be transferred to the beneficiary.

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2 Answers | Asked in Probate for New York on
Q: What do I do to see that I or my daughter get the beneficiary rights my husband was due?

I’m in desperate need of help. Some key facts are as follows:

• Husband’s Brother Dies in Hospital in December 2015

• Husband becomes Executor of his Estate

• All Siblings and Parents are Named Beneficiary of Estate

• Wrongful Death Suit is Filed (in CT)... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 29, 2020

If you husband is a beneficiary of his brother’s estate, his wife (you if you were married at time of death) and children are entitled to his share since he survived his brother.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: Do I have to pay 65% of the will's expenses because I am the beneficiary of 65% of the residuary estate? New York law.

The executor of my mother's estate says that estate expenses come out of the residuary estate, and since I'm the beneficiary of 65% of the residuary estate (and my brother is beneficiary of 35% of the residuary estate) that the estate expenses will have to be paid 65% by me and only 35%... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 25, 2020

Any estate expenses are paid before distributions. I’m not sure what you mean by will’s expenses.

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4 Answers | Asked in Estate Planning for New York on
Q: Do you use an EIN number or grantor’s SS# for a trust brokerage acct?

It’s a grantors trust established in NYS

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 21, 2020

For tax purposes, a revocable trust is considered property of the grantor. Grantor’s ssn is normally used.

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2 Answers | Asked in Animal / Dog Law, Car Accidents, Small Claims and Wrongful Death for New York on
Q: Does he have to pay the vet bill?

My grandfather accidentally hit someone's dog the other day, and left the scene (which he's already been ticketed for), and the dog didn't make it. The dog's owners tried getting him to pay the vet bill for the services the dog recieved before passing. Does my grandfather have... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 15, 2020

He should speak with his car insurance company. However, I believe that he is liable from what you have said.

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2 Answers | Asked in Estate Planning for New York on
Q: is that a law that the administrator of a wrongful death case gets 50,000 automatically even if there is only $50,000.

After settling for $100,000 $50,000 was left from bills and attorneys so there was nothing left for me and my sister

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 15, 2020

No.

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1 Answer | Asked in Estate Planning for New York on
Q: Shall a small estate administrator who is also a sole beneficiary say "no funds of the estate remain in my possession"?

I am both an administrator and the sole beneficiary of my late father's (small) estate in NY. I've already got letters of administration from the surrogate court. I paid funeral expenses two months ago with my own funds. After I distribute the remaining funds to myself, I need to fill out... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 11, 2020

It is understood that this refers to funds that still need to be disbursed. I suggest you call the clerk of the Surrogates Court to see what they recommend. You can add the words “as administrator” to be clear.

1 Answer | Asked in Estate Planning for New York on
Q: what can a co-trustee expect to receive for administering an estate worth 4,000,000. Thanks
Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 8, 2020

Trustees are different from Administrators or Executors of estates. Trustees of trusts get an annual commission. Administrators and Executors are not paid annually. There is a schedule of fees under the law. The answer to your question depends upon whether this is a trust or an estate.

2 Answers | Asked in Estate Planning for New York on
Q: I want my son to inherit my second home. If I put property in living trust will that protect it from his wife. thanks
Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 8, 2020

Yes. But the Revocable living trust should provide for a lifetime asset protection trust to protect it from his wife, creditors and others.

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1 Answer | Asked in Estate Planning for New York on
Q: How do you get letter testmentary

Person died in north carolina and resided there 2 years

Property and residence in new york 80 years

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 5, 2020

You must first petition the court in North Carolina. Once you are given the power to administer the estate there, you would apply for ancillary letters to be given the power to sell or transfer property in New York. If most of the property is in New York, you should speak to a New York attorney... Read more »

2 Answers | Asked in Probate for New York on
Q: My siblings and I not in NY but New York lawyer states long lost relative estate in probate what does this mean for us?

We all live in different states and another country. We are being sent papers to review and sign. What are these papers. This person we are told is our uncle. Lawyer found my father to notify but he has passed now lawyer wants us to sign papers but did not explain what they were for. Just told us... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Aug 30, 2020

Without seeing the paperwork, no one can properly advise you. Normally, when someone files a petition to be granted power to administer an estate, they ask potential distributees to consent to their appointment.

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1 Answer | Asked in Animal / Dog Law for New York on
Q: I licensed my dog under my name and my mom is saying that he is hers and is trying to not let me take him when I move.

I licensed him under my name and I’m trying to find somewhere to microchip him under my name as well. My mom has paid all his vet bills because I didn’t have a way to but I have a job now and a way to pay for his medical needs when it comes to that time. I just want to know if there’s... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Aug 17, 2020

Dogs are supposed to be licensed in New York State. That can be used as further proof of ownership. You will only need to prove ownership if the issue is litigated.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for New York on
Q: I openly owned a dog for 13 years and he passed. I want a new dog but the landlord doesn't. Can he prevent a new dog?

I owned a 25-pound poodle so there was no shed, no damage to the building, only slight barking from people passing in the building. There was never a problem with the dog before but now that he's passed and I took the time to grieve about it for a few weeks. I'd like a new poodle no... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Aug 15, 2020

Does the building have a no pets policy? Is it in your lease agreement? If it is not contained in written form they can’t just say no.

1 Answer | Asked in Animal / Dog Law for New York on
Q: GM. My daughter asked a woman to babysit her dogs. Now the woman is trying to keep them. Wont answer door.

The dogs were there since this Feb. Daughter in a family shelter. My grnd-dautr was taking 1 dog to start college Mon.

Benjamin Z. Katz
Benjamin Z. Katz answered on Aug 15, 2020

If your daughter is the legal owner, she can call the police to make a report. The police may or may not be helpful. If they are not, she may have to bring an action in court to recover them.

1 Answer | Asked in Animal / Dog Law for New York on
Q: So does my dog belong to her?

I recently purchased a dog with my money and my name on the microchip but my friend fill out the paperwork while I stepped away for a moment, without realizing that she put her name on the paperwork.

Benjamin Z. Katz
Benjamin Z. Katz answered on Aug 15, 2020

I’m not sure what paperwork you referring to. If she is listed as the purchaser on the bill of sale then she will be able to claim ownership. If you’re concerned, you can sign an agreement with her establishing you as the owner.

2 Answers | Asked in Animal / Dog Law for New York on
Q: We have the same dog for the past 5 years where we live. Now the insurance comp. says the breed we have is a problem.

Is that legal? It’s like they’re harassing us. The dog is very mellow and wouldn’t hurt a fly.

Benjamin Z. Katz
Benjamin Z. Katz answered on Aug 10, 2020

Is the company refusing to renew your homeowners policy? If so, you may have recourse.

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