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he has no will. can my sister make a claim to his estate
answered on Mar 10, 2020
No. Your sister has no legal claim under NY law.
I had left my dog for a few minutes in my backyard with the gate closed. When I came back my landlord informed me that my dog had gotten out somehow and jumped in a random man. He wants to press legal charges. What can happen
answered on Mar 9, 2020
If he was injured, he may sue you for his medical expenses. He can also ask that your dog be declared “dangerous”, which may impose restrictions on it. In a severe case of injury your dog could be euthanized.
answered on Mar 1, 2020
If he was a resident of Puerto Rico and left a Will, it will need to be probated in Puerto Rico. If he left it to you some other way there may be other ways to deal with it.
A woman bought a puppy from me and a week later decided she didn't want her. I offered to buy her back and we met and she took off with the puppy. She now has me blocked and has listed puppy for sale. What can I do?
answered on Feb 26, 2020
It appears that she changed her mind. If you still have her money then there is nothing left to do. If you refunded her money, call the police and report it as a theft.
answered on Feb 19, 2020
Official appointment of Administrator by the Surrogate’s Court
My father has a will he created by Legal Zoom, when living in NY. He passed away while residing in NC. As I was named the executor, I met with the county clerks office to begin handling his affairs. I was told that NC requires the last 2 pages of the will (notary & witness pages) to be... View More
answered on Feb 16, 2020
The is no requirement for a notary to be involved in a Will at all in New York. Estate Powers and Trusts Law (EPTL) 3-2.1 requires the signature of the person signing the Will and two witnesses. None of those signatures need to be notarized.
Many times witnesses are asked to sign a... View More
Here’s the thing, my sister has several problems with alcohol abuse, I care from other country and been here the last 3 months, the thing is that I’ve been taking care of the dog, feeding her, taking her for walks, etc, I’ve paid for everything this last 3 months, but according to my... View More
answered on Feb 12, 2020
It appears that the dog legally belongs to your sister. But it depends upon how she got the dog and how long she has had it. If you feel it is being mistreated or neglected there are steps that you can take but there is no guarantee that you will be able to get ownership and it would take some time.
The man never gave a nickel to help raise him. He didn't even bother coming to the funeral. He was 29 what can we do?
answered on Feb 10, 2020
If you nephew didn’t leave a Will, the law of intestacy sets out the order of distribution. If he had no wife or children, parents would be next, even deadbeat ones. This is why it is important to have a plan. Of course, the father can waive his rights.
She plans to buy out my share and live in Mom's house. There are debts we need to settle yet. Do we wait until we pay off the debts and she pays me. Do we need to file an Executor's deed first?
We also just sent in forms ET-30 and ET-117 with the original letters.
answered on Feb 9, 2020
Transfer the property by Executor’s Deed to your sister after you pay all debts.
As I am executor of my brother's estate, my mother asked to have the estate's only property partitioned. My mother and sister-in-law are both beneficiaries and they aren't getting along. The property is pre-marital property that was in my brother's name only and he willed the... View More
answered on Feb 4, 2020
In this situation, as you describe it, your responsibility as an Executor is to transfer the property to your mother and sister-in-law and that is it. Let either one of them sue the other for partition since they are having the dispute.
From my understanding he is presumed to be capable of providing informed consent. It also looks like if it was ever determined that he can't provide informed consent, I would still be able to take him to doctor visits as per FHCDA or OPWDD law. Also, he lives with me and is 29.
answered on Feb 1, 2020
It will depend upon the type and extent of his disability. If he is capable, he should sign a health care proxy. If he is incapable of making decisions for himself you should apply for Guardianship.
My daughter lied to me and handed my baby to a stranger, this man refuse to return my boy
answered on Jan 28, 2020
You can sue him to recover your dog.
In case where someone died intestate with no spouse, no descendants at all, and no surviving siblings, parents, or grandparents, my understanding is that the next distributees to be considered are "issue of grandparents".
If one child of the grandparents is still living, and... View More
answered on Jan 24, 2020
Estates, Powers &Trusts Law Section 4-1.1 states:
“6) One or more grandparents or the issue of grandparents (as hereinafter defined), and no spouse, issue, parent or issue of parents, one-half to the surviving grandparent or grandparents of one parental side, or if neither of them... View More
My parents are going through a nasty divorce and I want to move out of the house. I currently live with my mom. How can I take the dog with me, legally so she cannot say no? I believe that he is registered to me but what if he's not? My parents got him for me as a gift.
answered on Jan 23, 2020
It sounds like you are the owner. See if you have records showing you as the registered owner. Vet bills, NYC license papers, bill of Sale etc. However, even without those documents, if it was a gift to you, it is yours. If you can get your parents to acknowledge it in writing you can avoid trouble... View More
I drove to pick a dog being given away due to not be able to take care of it anymore. Now being threathen wanting her back. Then calling me late night then writing apologies they were stress because of the family issues which has nothing to do with the dog or me and said can we be family. Now... View More
answered on Jan 21, 2020
If someone voluntarily gave their dog to you, they are not legally entitled to the dog back. That may not stop them from trying.
They received the wrong dog, now they won't exchange for the correct dog. Other customer had already adopted that dog and would like the one they adopted.
answered on Jan 19, 2020
A properly drafted purchase agreement should deal with this possibility. If not, it is up to you to provide a reasonable replacement or refund their money.
I’m the guardian for her account until she’s 18
answered on Jan 16, 2020
You may need to explain how this is a benefit for her and why it is necessary. Courts will generally deny large withdrawals from accounts for minors unless it makes sense.
After 5 years we would sell the house and split the monies. This sister is a lot shady. Can my brother and I force her to sell? I believe she has a felony
Conviction and we never appointed her executrix. If we did we never received papers for it what would be our recourse. She has... View More
answered on Jan 14, 2020
From what you describe it does not appear that an estate proceeding was started or you would have been given notice. You can go to the Surrogates Court in the county where she lived to check. You may be able to force the house to be sold as a beneficiary. Let me know if you need further help.
In the matter of CDPAPvs. Zucker,10/11/19
in layman's terms, what was decided?
Does this decision affect the status of the PA as an independent contractor vs. an employee?
answered on Jan 14, 2020
The court found that the Department of Health did not follow proper procedure in changing the way FIs are paid for services provided under CDPAP. Because they didn’t, the change was voided and they had to go back to the reimbursement method prior to 7/1/19.
This had nothing to do with... View More
Hello
I went to Vet and they quoted me 150 dollar but the bill ended up being 425 dollars with food and medicines, so i did not take food and medicines and i left vet without paying bills.
What is the law against this?
They have my name and address.
answered on Jan 14, 2020
I am sure they will send you a bill in the mail. If you don't pay it they will most likely take further collection efforts. Further efforts after that may include hiring a collection agency, reporting it to the credit bureaus and possibly suing you to get a money judgment.
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