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2 Answers | Asked in Estate Planning and Probate for New York on
Q: How do I get items in safe deposit box appraised after my father's death?

I am trying to find out how I get items in a safe deposit box appraised if I cannot remove the items?

Facts:

1) The owners of the box are me and my father, my father is deceased. The bank knows this.

2) The bank is in NY.

3) The items within the box are likely small... View More

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answered on Jul 17, 2020

If you are listed as a joint owner I don't understand why you are not being given access. However, I suggest that you file for a small estate for voluntary administration based upon the assets you are aware of. Once you are empowered by the Court, you can certainly get access to the safe... View More

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2 Answers | Asked in Estate Planning for New York on
Q: A man who is a resident of Alabama died . He wrote over his will and crossed out paragraphs manually.

would the will be still valid? he was single he has one half sister a nephew and a niece. who gets what of his estate?

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answered on Jul 16, 2020

You should ask an Alabama attorney. However, i suspect any changes made by hand will not be considered valid and may invalidate the whole document.

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3 Answers | Asked in Estate Planning, Elder Law and Probate for New York on
Q: My deceased aunt left a Will. If I submit a Petition to Surrogate Court will I be able to access her banking info?

I live in Georgia and she lived in New York. I am the Executor of the will if appointed voluntary administrator is that all I need to carry out duties as Executor and will I be able to access banking info and have access to her apartment.

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answered on Jul 16, 2020

If your the Executor named in the Will, you must petition the Surrogates Court for Letters Testamentary. Once the court issues you Letters Testamentary you can access bank accounts and her apartment. Be aware that if she owns a co-op, your ability to sell or transfer her interest in it may be... View More

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4 Answers | Asked in Probate for New York on
Q: My Mom recently passed and she owns a co-op in brooklyn that she is leaving to her 4 children.She has a will.

The co-op board says we have to purchase her co-op then be approved first before we can sell it. and there are fees involved of course and we need to hire a lawyer. Is this legal?

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answered on Jul 15, 2020

There may be a way to avoid having to transfer the co-op into all four names before selling it. Assuming none of you wish to keep the co-op it would be necessary to review the Will and the co-op Offering Plan.

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3 Answers | Asked in Probate for New York on
Q: Mother's will was in NC but she moved to NY 6 mos. ago. Assets are in mutual funds and bank account. Do I need a lawyer?

I am named as executor. I am not on her bank account as joint owner but through power of attorney had access to her accounts.

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answered on Jul 15, 2020

The POA is ineffective after death. You need to probate the Will to gain access to her accounts. You can do it yourself but it is generally wiser to have an attorney help you so there is less chance of mistakes.

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2 Answers | Asked in Animal / Dog Law for New York on
Q: A friend that live in NY got served with a city complaint about her dog. Does she needs a lawyer to go to the hearing?

A lady who filed it accused my friend of having her dog threatened her while walking pass my friend’s property with no fence. The dog is friendly and well behave. She also does not remember interacting with the accuser or anyone. So we are not sure here if we need a lawyer

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answered on Jul 14, 2020

If this is a hearing to determine if your friend’s dog be deemed a “dangerous dog” there may be serious consequences. Depending upon the facts, a judge may impose restrictions on the dog, may require training, muzzling or other limits on its movements. In cases where there is a history of... View More

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1 Answer | Asked in Probate for New York on
Q: Can a motion for summary judgment or to dismiss be made during trial w.new evidence or need it be a motion under 4401?

The trial began months ago w.the other side rested but due to Covid-19, put on hold. During the pandemic, I lost my job and attorney who got Covid-19. Pre-trial, he filed a MTD 3211 on estoppel based on a sister-state's trial they lost on same matter, but other side lied saying it was not on... View More

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answered on Jul 13, 2020

I would not do this by yourself. You should hire an attorney. CPLR 4401 usually relates to the evidence presented at trial. CPLR 3212 is a motion for summary judgment, asking the court for judgment based upon the law. If you previously moved for the relief requested a motion to renew or reargue may... View More

1 Answer | Asked in Animal / Dog Law for New York on
Q: I was helping my brother post a dog that he found on the side of the road on a lost and found site.

It was a puppy that had fleas and worms in bald spots. It seemed neglected. Waited a few days and got no contact. It has been vaccinated and was rehomed. Before post I can put the post down I got a call. They admitted they let the puppy roam with cat’s outside, I guess this is why he was on the... View More

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answered on Jul 11, 2020

If you never had possession of the dog and only helped your brother post that he found a lost dog I don’t see a case against you. However, I can’t promise that they won’t try.

2 Answers | Asked in Animal / Dog Law for New York on
Q: Dog ownership question - Are texting from the other party stating "Your dog" enough to prove the dog was given to me?

Mother states my 11 year old dog is hers and I will not be able to take the dog when I move out. The dog is the daugther of my grandmother's dog (purchaser is my mother).. She was given to my uncle at birth by my mother (I do not know if the dog was registered) and raised in his house for 8... View More

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answered on Jul 9, 2020

Custody and ownership disputes generally come down to the facts. If you are able to demonstrate that your uncle transferred ownership to you, a court will most likely find in your favor. However, this would require you to sue your mother. I would recommend that you register your ownership of the... View More

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2 Answers | Asked in Animal / Dog Law for New York on
Q: Can my building complex tell me what animal I cannot have as an emotional support animal?

I submitted my ESA letter to my. building complex. My building has a no dog policy. The animal I would like to have as an emotional support animal is a dog. The building rejected my request because in my ESA letter my psychologist stated that any animal I choose would provide me emotional support.... View More

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answered on Jul 5, 2020

I deal with these situations quite frequently. It would be a good idea to have your psychologist specify or clarify why a dog rather than another animal is preferred for therapeutic reasons. However, even if not, Management is precluded from imposing the no dogs policy on you. Many times this can... View More

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1 Answer | Asked in Animal / Dog Law for New York on
Q: Getting a dog back

So my mother sold our family dog who is a yorki mixed poddle. We gave her to a couple who has 2 other dogs and wanted our dog Chloe. Of course we gave them Chloe. We checked up on them to see if chloe has adjusted to the new environment. They told my mother that she kept throwing up. So I told my... View More

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answered on Jul 1, 2020

If you transferred ownership without any conditions you do not have the legal right to demand her to be returned.

1 Answer | Asked in Animal / Dog Law for New York on
Q: put two deposits down on pups but the lady sold them after i gave her the deposite? she lives in NY i live in VT ?

so i put to puppies on hold with a deposit of 150 on each puppy so i only needed to pay them 300for the remaining of what they wanted . i picked one out on the 13th and one out on the 14th. 2wks latter i get a phone text that her sisters dog attacked one of my puppiues and needed to be put to... View More

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answered on Jun 29, 2020

The police in either state will consider this a consumer/civil matter not criminal. If you paid by credit card, call credit card company to dispute charge. You can make a complaint with Better Business Bureau, Attorney General’s office and Department of Consumer Affairs. If all else fails you can... View More

1 Answer | Asked in Animal / Dog Law for New York on
Q: If I put a non-refundable deposit on a puppy and have a receipt and do not receive the puppy, what can i do?

I put a non-refundable deposit on a puppy for $200, the breeder gave me a receipt, the time to pickup the dog has come and the breeder won’t respond to my texts or calls, what can I do?

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answered on Jun 26, 2020

If you have made several attempts to contact the breeder without a response you can certainly call the Better Business Bureau or the Department of Consumer Affairs. If the $200 was on a credit card, you can dispute the charge with credit card company.

1 Answer | Asked in Animal / Dog Law for New York on
Q: I rescued a Siberian cat from the street in NYC. The cat was starving, scared, and traumatized when I found it. I took

it to a vet in Brooklyn. The vet examined him and said it was a Siberian male but the chip on him wasn’t registered so they couldn’t find the owner. They posted on the hospital’s social media and I called all vets in the area where I found him but did not find any info regarding a lost cat. I... View More

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answered on Jun 24, 2020

It sounds like the breeder abandoned the cat if the cat was ever owned by the breeder. It seems coincidental that the same breeder that you friend was using is claiming ownership. Russian website?

3 Answers | Asked in Estate Planning for New York on
Q: My husband and sister in law are co trustees of their mothers (who recently passed away) trust. Their mother's attorney

Wants to have a meeting and my husband wanted me to join him the attorney advise my husband that legally he can only meet with the 2 trustees of the trust no 3rd parties allowed my husband was wondering if this is true as he did want me to attend with him and he does not like or trust his moms... View More

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answered on Jun 15, 2020

If your husband and sister in law consent you can be allowed to attend. However, they must first understand how it impacts attorney-client privilege. I understand the attorney’s resistance but he should have explained it to your husband.

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1 Answer | Asked in Animal / Dog Law for New York on
Q: I have been taking care of a dog for my son's ex, since January 31st. It was supposed to be temporary,

Until she found a place where she could have her. In April, she went home to Seattle, and told me last week she is not coming back. What do I need to do to get the vet bills in my name, etc? How long is it before the dog is considered abandoned?

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answered on Jun 15, 2020

The best thing to do is to have her put in writing that she is giving up the dog. The law will not recognize leaving the dog with you as abandonment.

2 Answers | Asked in Probate for New York on
Q: My mother in law and father in law passed away The house will go to the 3 sons if 1 son passed is his son entitled

To his portion

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answered on Jun 14, 2020

If there was no Will then the assets pass to the children in equal shares. If a child predeceases the parents then that child’s share passes to his/her children in equal shares.

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1 Answer | Asked in Adoption and Animal / Dog Law for New York on
Q: I adopted a dog at this shelter in NYC. they told me she was spayed. she started bleeding few months later spend around

1000 dollars on ultrasound etc the vet just told me she was not spay and the dog is on her first period. Can I sue the shelter because they lied to me? can they pay for the procedures I just paid?

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answered on Jun 10, 2020

Yes. You have a case against them for the cost of the procedure.

1 Answer | Asked in Animal / Dog Law for New York on
Q: My friend wanna me to stay with her dog for couple of week and I have dog for one year can she come pick the dog

So Ex best friend didn’t have place keep house so she ask me to take cate of it for couple day now she only gave me only 2 time dog food and now been whole year and couple month I had dog she haven’t gave me money for food or nothing and she ask for her dog back now what can I do to keep dog

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answered on Jun 6, 2020

You can demand reimbursement for the expenses of her dog if you want the money and sue her if she refuses. However, unless she agreed to give you the dog you would have to prove she abandoned it to get legal ownership.

2 Answers | Asked in Estate Planning for New York on
Q: I am the granter of a irrevocable trust set up as the beneficiary for a life insurance policy on myself. I want to

make a partial surrender of the policy to get money to pay my personal taxes. The trustees have agreed to this partial surrender . The insurance company has determined that the surrender is not a taxable event. What problems can I face legal or tax wise if i take the funds to pay my personal taxes.

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answered on Jun 5, 2020

The trust agreement should be reviewed before giving you specific advice but I see several problems with this scenario. If the trust is liquidating any of the assets to be used for your personal benefit I expect the IRS will consider it property of your estate when the time comes. A proper review... View More

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