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1 Answer | Asked in Family Law and Elder Law for New York on
Q: My sister won't let me have contact with senior dad despite him wanting so. What court should I go to?

My dad came to visit her about a year ago, she has been holding him since. she has cut off all communication, and won't let us see each other.

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answered on Jun 16, 2019

If you believe that your father is being held against his will and is in immediate danger, you should call the police. If not in danger but potentially being neglected or otherwise mistreated Adult Protective Services has offices in each county and may be contacted.

If you believe neither...
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2 Answers | Asked in Real Estate Law and Animal / Dog Law for New York on
Q: Is a Board of Managers allowed to release medical records on file for an ESA to all residents in a Condo Assn?

The condo board requires a letter from a medical professional, which is being requested by non board members to know why someone would have an ESA

Benjamin Z. Katz
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answered on Jun 13, 2019

If the condo has rules against pets and you are seeking an exception for your ESA then it is appropriate for them to ask for a letter establishing your need for an ESA. If you give them the letter, they should keep it confidential and you can tell them that. If you’re concerned they will release... View More

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1 Answer | Asked in Animal / Dog Law for New York on
Q: My mother has a dog. My step mother took it from her. What can we do about it
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answered on Jun 11, 2019

In general, the law treats pets as personal property. Therefore, if your mother can establish her ownership and your step mother took it without her permission, that is considered theft and she can involve the police. However, the law is gradually recognizing that pets are more than just property... View More

2 Answers | Asked in Estate Planning for New York on
Q: My legal-custodial parent which was my aunt died 13 years ago, has unclaimed funds, I am the only surviving child/kin

Her shady husband sold her house but he later died in 2014 (they were separated 30 yrs). She has unclaimed funds; am I able to claim due to her being my legal parent and only surviving child of hers, however, he has other children outside the marriage? she did not acknowledge his outside children... View More

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answered on Jun 10, 2019

Any property that your aunt left following her death would need to be distributed through either a probate proceeding, if there was a Will, or administration proceeding, if there was no Will. Since her husband died and there are no children or grandchildren, brothers and sisters would be next in... View More

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2 Answers | Asked in Legal Malpractice and Probate for New York on
Q: Can an attorney refuse to draw up a will if he/she does not agree with some of the terms?

e.g. A person wishes to make an animal shelter a beneficiary and the attorney feels that human charities should have priority.

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answered on Jun 8, 2019

Attorneys are not obligated to accept any client or any work. However, if it is shown that their refusal is illegal discrimination they are subject to all potential civil and administrative penalties. In this case, there does not appear to be such discrimination. If the attorney has taken your... View More

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