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In Federal Court, can an executor try a case Pro Se if all beneficiaries are okay with it, and the executor has not faced any legal challenges while managing the estate?
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answered on Mar 20, 2025
I understand that navigating legal matters as an executor can be overwhelming, especially when trying to manage an estate while ensuring compliance with court rules. While it may seem practical to represent the estate Pro Se in federal court, unfortunately, an executor cannot do so, even if all... View More 
I am looking for legal advice regarding a situation in New York where an elderly man gave a young lady money regularly to prevent her from informing his wife and the police about an inappropriate incident. The young lady is now facing charges of grand larceny and coercion and awaiting indictment.... View More
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answered on Mar 20, 2025
This is a serious legal matter, as grand larceny and coercion are both significant criminal charges in New York. Since the young woman already has legal representation, her attorney will be the best person to assess her case based on the specific evidence, witness statements, and any mitigating... View More
I am looking to sue the Utica Police Department and the apartment complex where I live due to their handling of an emergency vacate order related to my ex-boyfriend, who was abusive. The emergency vacate order, obtained through family court, clearly states he must vacate immediately. However, the... View More
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answered on Mar 16, 2025
I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both... View More
My former wife, who recently passed away, wished to leave some money to a young lady she believed might be her granddaughter. The young lady is 21 years old, and my former wife wanted to confirm this relationship through a DNA test if the young lady is willing. No legal process has been started,... View More
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answered on Mar 16, 2025
I understand that you want to honor your former wife’s wishes and ensure that this young woman has the opportunity to confirm her potential relationship with her. Since there are no legal proceedings underway and your former wife did not leave a formal estate or legal documents outlining her... View More
I have been divorced since November 2018, and the agreement required me to refinance our home within 9 months. However, as a former stay-at-home mom and cancer patient, building credit has been challenging. Despite efforts to refinance, job losses due to court-related absences have hindered... View More
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answered on Mar 16, 2025
I understand that this situation is deeply concerning, especially given your financial struggles and health challenges. Based on the details you provided, there are several legal arguments and actions you may be able to take to protect your ownership of the home.
Your divorce agreement... View More
I live in Buffalo, NY, and am currently divorced but still living with my ex-spouse. I'm in the process of moving out, and we jointly own the property. He has placed cameras both inside and outside the house without my consent and is recording me. I've discussed my concerns with him, but... View More
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answered on Mar 16, 2025
I understand that this situation is distressing, especially as you are still living with your ex-spouse while trying to move out. In New York, the legality of placing cameras inside and outside a shared home without consent depends on factors such as expectation of privacy, ownership of the... View More
I entered into a domestic partnership in California, but I now live in New York, and my partner lives in Maryland. It is a mutual decision to terminate the partnership. We've settled all property and assets, and there are no children involved. Can I terminate the California domestic... View More
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answered on Mar 13, 2025
I understand that ending a domestic partnership can be a complex process, especially when it involves multiple states. In your case, you are seeking to terminate a California domestic partnership while residing in New York, and your partner lives in Maryland. While the specifics of the process may... View More
How does a judge finalize a divorce without the defendant signing the Affirmation of Defendant in an action for divorce? The defendant was dissatisfied with the stipulation of settlement as he sought legal fees from the plaintiff, but the defendant's attorney ignored this request, and the... View More
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answered on Mar 13, 2025
I understand that you have concerns about the finalization of the divorce without the defendant’s affirmation signature, especially regarding the defendant’s dissatisfaction with the settlement and the request for legal fees. In New York, while the process of finalizing a divorce is generally... View More
I am going through a messy divorce in New York, where my ex-spouse took our child and made false statements against me in family court, claiming abuse and deprivation of basic rights, which were untrue. I have text messages and social media pictures proving otherwise, but I discovered this evidence... View More
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answered on Mar 13, 2025
I understand how difficult and frustrating this situation must be, especially when you feel that false allegations have negatively impacted your custody arrangement. In New York, false abuse claims can significantly affect custody decisions, and it’s important to address any perjury or defamation... View More
I am 17 years old and live in New York State. I was arrested for criminal trespass and conspiracy, and I have not been to court yet for this matter. A police officer has told me to go to probation. Should I comply with this order, even though I haven't received any court instructions yet?
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answered on Mar 12, 2025
I understand that this situation must be stressful, and it’s important to approach it carefully, especially since you are under 18 and facing criminal charges. In New York, there are specific procedures and rights for individuals, especially minors, who are involved in criminal matters, and... View More
I am representing myself in an assault case involving multiple people, where I was attacked after coming out of a party. I have identified one person who I am taking to court, but I don't have any witnesses. What strategies might work in my favor, and what should I avoid during the trial?
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answered on Mar 12, 2025
I understand how challenging it can be to represent yourself in a legal case, especially when it involves an assault and no witnesses to support your side. While it's always advisable to have legal representation, there are steps you can take to increase your chances of presenting a strong... View More
What does it mean when a motion filed by the prosecution related to a gun charge before trial in a criminal case is "disposed and granted"? I'm trying to understand its implications on the case.
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answered on Mar 12, 2025
I understand that navigating the legal process can be confusing, especially when it comes to terminology that’s unfamiliar. When you hear the term "motion disposed and granted" in your gun charge case, it’s referring to a decision made by the court regarding a motion filed by the... View More
I believe my Fourth Amendment rights were violated on October 4, 2024, when public safety officers beat me, refused to give me water, and scarred my face. I'm currently involved in a criminal case related to dumpster diving, which is being handled by a public defender. I haven't taken any... View More
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answered on Mar 12, 2025
I'm sorry to hear about the mistreatment you experienced, and I can understand how distressing it must be to feel that your rights were violated in such a serious way. In New York, the legal timeframe for filing a civil rights lawsuit related to a Fourth Amendment violation, such as excessive... View More
I was caught shoplifting at Home Depot a month ago, but no police were called. They took a copy of my photo ID and said the item would cost me 3 times its worth and to expect something in the mail, but I haven't received anything yet. I'm concerned because I've visited that location... View More
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answered on Mar 12, 2025
I understand your concern about the shoplifting incident, and it’s important to approach this situation carefully. In New York, shoplifting, also known as larceny or petit larceny, is a criminal offense that can have significant consequences. However, the specific details of your case, such as... View More
I was a minor when my father forced me to lie to the police about an incident where he hit my brother, who was 23 at the time. I lied on the police report, but now that the court case has ended and I've been kicked out of my father's house, I want to admit that I lied and tell the truth.... View More
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answered on Mar 12, 2025
I’m sorry to hear about the difficult situation you’ve experienced. In New York, the decision to come forward and admit that you lied in a police report is significant, and there are several factors to consider when deciding how to proceed.
First, it's important to understand that... View More
I had a charge of criminal possession of a loaded firearm in Kings Supreme Court, which was dismissed due to the 30/30 rule with prejudice. The district attorney requested a 30-day seal. Why would they request this seal if the case was already dismissed with prejudice?
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answered on Mar 12, 2025
I understand your confusion about why a 30-day seal would be requested after your case was dismissed with prejudice. It’s important to clarify the concepts involved and the purpose of such a request.
First, let's break down the terms involved:
Dismissed with prejudice: When a... View More
I was assaulted in my dorm on my college campus in New York about six months ago. I wasn't ready to report it immediately, but I did write about the incident in my diary and told a few people, including a counselor who facilitated a room change. I've attended counseling sessions since... View More
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answered on Mar 12, 2025
I’m sorry to hear about the assault you experienced. In New York, you still have legal options to pursue a case, even though six months have passed since the incident. However, the legal process can be complex, and there are a few things you should consider moving forward.
First, it’s... View More
My husband, who has a prior felony, was served with a search warrant for drugs, which was the only item listed on the warrant. While he was downstairs, they found a gun upstairs and did not allow him to stay upstairs during the search. Can they legally charge him for the gun?
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answered on Mar 11, 2025
In New York, the circumstances surrounding the search and the discovery of the gun in your husband's case are important to understand, especially since he has a prior felony conviction. Generally, if a person has been convicted of a felony, they are prohibited from possessing firearms under... View More
I filed a criminal case against someone for seizing money by force. The court has now ruled to consider the objection submitted by a person of Pakistan nationality and treat the judgment in absentia as if it had not been issued, obliging the person to pay court fees. This ruling was made on... View More
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answered on Mar 11, 2025
In your case, it appears that the court has issued a ruling regarding a judgment in absentia, which means a judgment was made without the presence of the defendant in court. When a defendant is absent from court, a judgment can still be rendered if they have been properly notified of the... View More
I was charged with a DWI in New York and have three prior DWI convictions, all from more than ten years ago within the state. What is the maximum punishment I might face for this recent charge?
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answered on Mar 11, 2025
In New York, driving while intoxicated (DWI) is taken very seriously, especially when the individual has prior DWI convictions. Since you have three prior DWI convictions, your recent charge will likely be classified as a felony under New York State law, specifically as a Class D felony charge for... View More
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