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In February 2021 my sibling asked me to sign a waiver of process consent to probate form. I didn't want to sign it. I asked for a copy of the will and was denied. She and her brother said if I don't sign it the court was going to take the house. She said my brother signed the same waiver... View More 
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answered on Jun 8, 2021
If you wish to contest the appointment of the petitioner, you should consult with an attorney to explore challenging the appointment as Executor.
will reads I leave my estate to my children, if any, who survive me in equal shares, per stirpes - have received two different answers for what this means - the first lawyer I talked with stated that the estate would be divided between the three alive children and then the fourth share would be... View More
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answered on Jun 7, 2021
Since it conditions it upon surviving the maker of the Will, it would be be divided among the living children with no share will be given to the children of any child not living at the time of the maker's death. Per stirpes is inconsistent with the "who survive me" wording. That... View More
My sister and I were both appointed cold power of attorney each being able to act independently two months before my mothers passing my sister sold her David Lerner stock and transfer the money into Her personal account we were both supposed to be 50-50 beneficiaries on this account do I have any... View More
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answered on May 30, 2021
If your sister abused her power, whomever is appointed executor of the estate can go after her for the money taken. As for the probate of the Will, I’m not sure what you mean by probate date. COVID has slowed things down in some counties. But, not that significantly as long as you hire an... View More
My friend want me take care of her dog for couple week and she was supposed to pick up the dog but never did it been 2 year now and she want her back
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answered on May 23, 2021
A case may be made that your friend abandoned the dog. If you refuse to give the dog back, your friend will have to get a court order, proving the dog was not abandoned and that your friend can provide a better situation for the dog. New York has a “best for all concerned” standard.
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answered on May 5, 2021
I can answer any questions you have.
He told palliative care nurse that I’m stealing from his bank account. I have Power of Attorney but haven’t touched his $. He fell out of bed & has bruises. I’m afraid I’ll be accused of elder abuse. What protections do I have. Can I refuse to let him come back to the home we live in... View More
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answered on May 4, 2021
The question of what you can or should do is not something that can be answered that easily. You should consult with an attorney, who can get the information necessary to properly guide you. Questions you should be prepared to answer will include what your relationship is to the man and who is the... View More
If our assets are in a Medical Asset Protection Trust, can I continue to pay bills, cash checks, control my personal corporation through which I work as a freelancer?
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answered on Apr 2, 2021
Bottom line ...no. Once an asset is in an irrevocable trust, which is what a MAPT is, you give up control of those assets. You may still be able to receive income from the trust, but you may not transfer, sell or use assets. You would appoint a trustee to control the assets. As for the corporation,... View More
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answered on Mar 28, 2021
If it was a gift, it’s yours. However, if the friend loaned you the money to buy the car and retained a lien or you signed a promissory note, the estate owns that debt.
effect only after 6/21/2021. Should I wait until then to create the POA?
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answered on Mar 5, 2021
It depends what you want the POA for. If you sign it now it remains effective after the new law takes effect. You can always sign a new one later.
My mother who is sick and has Alzheimer’s has a condo in Florida that isn’t being used. We live in NY. It is in the family trust. It is willed to my estranged sister after mom passes. The maintenance fees are 400 a month plus taxes, and I would rather use that money towards her care or save... View More
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answered on Mar 5, 2021
As Trustee, you have the power to administer the trust and the assets contained in it. The Trust agreement will dictate what you can and cannot do. The Trust agreement would need to be reviewed before a proper opinion could be provided.
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answered on Feb 18, 2021
I’m not sure what type of notice you received. If you are doing something in violation of your lease, the normal process is to serve you with a Notice to Cure. That gives you a short time to correct the offending condition. A Notice to Terminate your lease would be inappropriate if this is the... View More
I’m the executor. My brother passed away on 2/5. Is he still entitled? This is in NY.
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answered on Feb 14, 2021
The Will should indicate whether his heirs will inherit his share, assuming he has heirs. Since they passed so close to each other, there is often a provision in the Will regarding if a beneficiary is considered to have predeceased or survived your cousin.
Brother (my dad). What is the process in regards to inheriting the house? I have her deed and she was the only person on there. This is in Puerto Rico
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answered on Feb 13, 2021
Normally, if she left a Will it would need to be probated. If no Will, an Administation proceeding would need to be brought in the county where she resided before death. The person petitioning may then need to make a second petition in Puerto Rico in order to have power there. It can be a complex... View More
Necropsy done by the veterinarian showed abnormal kidneys. Breeder refused to refund $$ and to provide a replacement hedgehog. Implied Duty of Warrantability?
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answered on Feb 1, 2021
You would need to check on the existence of any Pet Lemon Law in CT. I would recommend checking with the CT Attorney General's Office. NY Lemon Law does not apply to out of state sales.
I AM NOT, a violent person, and I DID NOT, hurt this dog! I was at work, and a customers dog was off the leash. A Big mastiff, type of dog! Im trying to work, and this dog is circling the shop, growling, and barking at me. I value my own life, and safety over this dogs! The day before, I asked this... View More
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answered on Jan 30, 2021
You should avoid hurting an animal if possible. If you are attacked you can use force to stop the attack and to avoid further injury.
The truth to me. If it happens not to be registered is there any actions I could take against the breeders? I was looking to breed this dog and it has to be registered and pure bred.
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answered on Jan 25, 2021
1. Ask for the credentials in advance and check with AKC
2. Make sure the Bill of Sale indicates it is pure bred.
3. If you don’t trust this breeder, find another one.
You can bring action for breach of contract and fraud if it turns out to be a lie.
Mom needed 24/7 monitoring, and frequent trips to Drs and treatment. I worked from home to care for her. She died in 2015 and now I must sell the house and split the proceeds with my sister who never visited or cared for mom. I also paid for new appliances, a front porch, a whole house generator... View More
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answered on Jan 16, 2021
You may be entitled to credits for the improvements. However, if you had no caregiver agreement while she was alive you would not be entitled to compensation.
My mother's will states that the estate will cover final expenses. I laid out the funds and my siblings reimbursed me their share of the cost. The estate has not reimbursed me for my share. (I have no idea if the estate paid them back). The attorney for the estate is trying to get me to... View More
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answered on Dec 27, 2020
If he is putting in writing that the estate is reimbursing you in exchange for a release, I don’t understand your hesitation. Do you believe you are owed anything more?
The widow does NOT pay for property taxes, property upkeep, home insurance etc. Nor will her estate benefit from a sale. The 2 step children are remainderman beneficiaries and the late husband always paid those bills, in the lifestyle she had been accustomed to for 30 years.
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answered on Dec 20, 2020
Utilities are normally included as part of maintenance.
She agree to give me back the dog now and days went by and now she doesn't and say it was mistreated it wasn't he had lots of hair he is healthy I have papers for the dog I need help
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answered on Dec 20, 2020
You may need to litigate. It is an action for replevin. I do not recommend doing this yourself.
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