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4 Answers | Asked in Estate Planning, Elder Law and Probate for New York on
Q: What can I do (or my Mom) to regain control over family’s estate, after my brother used my mom’s power of attorney to

change all legal documentation, making himself a sole owner of all the houses, trusts, insurance policies, LLC’s, etc. He stole over $15 mil while my mom is still alive.

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answered on Jan 6, 2020

Your mom can sue him for breach of fiduciary duty, self dealing and fraud and void the transactions. However, I would need to know more to properly advise you. In any case, you and your mom should speak with an attorney.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: My mother gave a Power of Attorney, effective immediately, to my only brother. My brother is a sole owner of my family’s

Multimillion estate. My mother and I are left with nothing. Please advise.

Thank you!

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answered on Jan 5, 2020

It is not clear what you are asking.

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1 Answer | Asked in Animal / Dog Law for New York on
Q: how long before i can legally claim a dog as mine if i was just suppose to be taking care of it for someone else

someone put a ad on craigslist due to losing her job she cant take care of the dog so i offered to care for it but now its been 2 months and she wont respond to anything when i ask her when is she coming to get the dog am i able to just keep the dog as my own now

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answered on Dec 27, 2019

Unfortunately, it is not simply a question of how long before you can claim ownership.

Since you agreed to care for her dog, you are considered a bailee under New York law similar to how an attended parking garage takes responsibility for a car. If you have a written agreement with a...
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1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for New York on
Q: I have dogs trespassing on my hunting land. How do I force the owners to restrict this? DEC wont do much, wrote 1 ticket

numerous pictures of the dogs, all over my property. Owners were asked numerous times to tie their dogs up. That didnt work so I had DEC go speak to them and they were given a warning. Didn't work, so DEC went back and issued a ticket. Didn't work, now DEC is telling me they cant do... View More

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answered on Dec 18, 2019

You can sue the owners civilly and also seek a temporary restraining order to get immediate relief pending the outcome of the lawsuit.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: My mother acted fraudulently, breached the trust and I lost funds which should be pass to me under my father’s will.

My father’s estate is very large. How can I recover the funds given to me by my father?

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answered on Dec 16, 2019

If you believe your mother breached her fiduciary duty, you can challenge her actions and seek to recover any losses.

1 Answer | Asked in Animal / Dog Law for New York on
Q: Who would consider the owner and what determines ownership in New York?

State of New York

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... View More

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answered on Dec 16, 2019

This is a fairly common situation that I deal with. Although New York State recognizes pets as personal property, recent trends have been to determine what is best for all concerned when determining ownership and custody. What you have described is strong support for a judge to find in your favor... View More

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... View More

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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.

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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... View More

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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... View More

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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
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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.

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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

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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

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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... View More

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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
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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... View More

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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.

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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.

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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 ?

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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... View 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... View More

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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... View More

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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... View More

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answered on Oct 24, 2019

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

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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... View More

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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... View More

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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.

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