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answered on Apr 8, 2017
Under NY law it isn't required, but it is recommended. To probate a will, you will need to prove validity and execute the terms. Depending on the circumstances, this can be complex. It is always a good idea to speak with a lawyer before you try and do it yourself.
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answered on Apr 8, 2017
This is a new area of law where couples can avoid some of the complications associated with a standard divorce. Each party must sign a pledge agreeing not to seek a settlement in court. In certain circumstances, it can save time and money. That said I recommend discussing your situation with legal... View More 
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answered on Apr 8, 2017
Normally, no. Without a written spousal endorsement, one spouse can't sue another.
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answered on Apr 8, 2017
No. A DWAI is considered a violation and is not a criminal offense. A DWI is a misdemeanor, which is a crime. Because it is a crime, it carries more serious legal consequences.
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answered on Mar 20, 2017
New York is now considered an equitable distribution state. This means that if you get a divorce, the court will divide your property based on what is fair. It doesn't necessarily mean an equal split down the middle.
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answered on Mar 20, 2017
The owner of a restaurant can be held liable if the owner or staff caused the hazard, or should have known of the hazard and failed to fix it. In determining whether the restaurant should have known, the courts will determine what is reasonable. I recommend that you speak with a lawyer for guidance... View More
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answered on Mar 10, 2017
If you are unable to reach a settlement, you have 3 years from the date of your injury to file a claim. If your damages exceed $25,000., you will need to file in Superior Court. I encourage you to speak with counsel to assist you with this. Keep in mind that insurance companies do not have your... View More
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answered on Mar 10, 2017
If you are convicted, you will face a 90 day license suspension, 15 days in jail and a fine of up to $500. I recommend that you speak to a lawyer prior to your court hearing.
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answered on Mar 9, 2017
Yes. An Ignition Interlock Device is required for anyone who is convicted of a DWI in New York. The device must be installed for a period of 6 months in most cases.
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answered on Mar 9, 2017
Yes. It would be appropriate to name a guardian in your will. Keep in mind however, the court does not necessarily have to honor your appointment. They will also take into consideration what is best for the child, and determine whether the other parent is living for instance.
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answered on Mar 4, 2017
No. Pursuant to New York law, if you are the custodial parent, the noncustodial parent is responsible for child support regardless of your current income. Its always a good idea to seek the advice of legal counsel to ensure that your interests are protected.
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answered on Mar 2, 2017
You may qualify for a default divorce. You will still need to file all required documents including an affidavit of service. I recommend that you consult with legal counsel to ensure your rights are protected.
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answered on Feb 12, 2017
No. By law, you are entitled to "reasonable medical treatment" for any injuries caused by your accident. Of course what is considered "reasonable" may be up for debate. It is wise to consult an experienced lawyer for guidance.
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answered on Feb 12, 2017
No, there is no preference in awarding custody to either the mother or the father. Pursuant to Domestic Relations Law 240, either party can be awarded custody.
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answered on Feb 12, 2017
Yes, you could. You are, however, entitled to a hearing to determine if the judge can take your license (provided you have taken a blood test). If you have any evidence that refutes what the court has against you, you may be able to keep your license while the case is being decided.
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answered on Feb 4, 2017
It means that if you are in an accident, your insurance company must cover the expenses associated with your accident, regardless of who is at fault.
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answered on Feb 4, 2017
Yes. Most all policies have a clause that requires you to report an accident. You should report an accident right away, and not later than 30 days after the accident. Be sure to only give the facts of the accident, not your opinion of who is responsible, etc.
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answered on Jan 31, 2017
Depending on the circumstances, you can receive reimbursement for medical bills, lost pay, costs related to the accident (rental car, etc.), pain, distress, and punitive damages in cases of gross negligence.
It's best to discuss your case with legal counsel at your earliest convenience.
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answered on Jan 16, 2017
Generally, the presumptive award of spousal maintenance is paid by the spouse with the higher income. The court has a fair amount of discretion to adjust the award based on fairness.
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answered on Jan 9, 2017
New York does allow for a restricted license status after being convicted. It will allow you to drive to and from work or to school. It is very limited and you are only eligible for this once. I recommend you speak with a lawyer to learn more.
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