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Questions Answered by George E. Patsis
1 Answer | Asked in Uncategorized for New York on
Q: I’m looking to see how I can get the executor changed with a trust fund.

This person started a trust fund to help my nieces pay for college when my sister died. The first niece is now in college and is be asked to do extreme things like writing 10 page papers in order to receive part of the trust fund toward school payments.

George E. Patsis
George E. Patsis
answered on May 10, 2020

A petition can be made to the Surrogate's Court seeking the removal of the trustee.

2 Answers | Asked in Traffic Tickets for New York on
Q: I got a ticket in a new stop sign in my town ? There are any lawns that can help me not paid the ticket

But there is not a white line ir a cross line for people to cross ?

George E. Patsis
George E. Patsis
answered on May 6, 2020

A stop sign without a line is still a valid stop sign. The age of the sign does not help you legally. A traffic ticket attorney can likely help you reach a plea bargain for a lesser offense.

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3 Answers | Asked in Landlord - Tenant for New York on
Q: New York State - when exactly are security deposits required to be placed in an interest bearing account?

I currently own one 4-unit building and plan to purchase additional properties in the near future, all in NY. From what I gather in the responses, the 6-unit law pertains to an individual building, not the total number of units a landlord owns, correct?

Also, I read that if the deposit... View More

George E. Patsis
George E. Patsis
answered on May 6, 2020

General Obligations law § 7-103(2-a) states that "Whenever the money so deposited or advanced is for the rental of property containing six or more family dwelling units, the person receiving such money shall, subject to the provisions of this section, deposit it in an interest bearing... View More

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1 Answer | Asked in Child Custody for New York on
Q: If non custodial parent says she cannot pick child up for her visitation what do I do?

We agreed in court to 50/50 transportation but it is not in our custody agreement. I’ve been doing all transportation for non Custodial parent to see child for 8 months even though we agreed on split transportation. I’ve told her I cannot drop him off anymore and she will have to figure out... View More

George E. Patsis
George E. Patsis
answered on May 5, 2020

The reason for the non-custodial parent's inability to transport the child is an important factor. Is the non-custodial parent disabled, unlicensed to drive, or have some other legitimate excuse for being unable to provide transportation? Did the custodial parent move a far distance from the... View More

3 Answers | Asked in Family Law for New York on
Q: is possible to file for a legal separation in NY and still live together in one apartment?
George E. Patsis
George E. Patsis
answered on May 5, 2020

Yes, it is certainly possible. A separation agreement can be drafted to allow the spouses to remain in the same home. You should seek the advice of a matrimonial attorney.

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2 Answers | Asked in Tax Law for New York on
Q: i am a college student and was doing my taxes online, had a few general questions

Hi there,

im filing from New york

So basically the past year i worked off the books for ca heap wage off campus on a resturant, and so have no W-2 and thats why manually plugging the numbers

my important question is I was scammed a year ago of $3000 and thats why i had to... View More

George E. Patsis
George E. Patsis
answered on May 4, 2020

According to the IRS, when a debt is canceled, forgiven or discharged, the canceled amount is part of your gross income and you must pay taxes on that income unless you qualify for an exclusion or exception. Creditors who forgive $600 or more of debt for you are required to file Form 1099-C with... View More

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1 Answer | Asked in Child Custody for New York on
Q: I gave up custody of my son to my mother and she is refusing to allow me to see him , what can I do?

I willingly gave over custody

George E. Patsis
George E. Patsis
answered on May 4, 2020

Without a clear understanding of your case, and a thorough review of your legal documents it is impossible to answer this question. I highly recommend you seek the advice of a Family Law attorney.

The termination of parental rights generally results in loss of custody AND visitation rights....
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1 Answer | Asked in Real Estate Law and Contracts for New York on
Q: I pay monthly rent in mobile home park but own my home. Lease says I am responsible for all damages if a tree falls.
George E. Patsis
George E. Patsis
answered on May 4, 2020

It looks like part of your question is missing. Try re-posting.

2 Answers | Asked in Animal / Dog Law for New York on
Q: For Westchester County, NY.. can a landlord evict due to a dog. Landlord knew about the dog. Dog is Pit Bull.

Had the dog for some time. The tenant downstairs is complaining about the dog.

George E. Patsis
George E. Patsis
answered on May 4, 2020

A landlord may be able to evict a tenant for harboring a dog if the lease contains a provision prohibiting dogs. If the dog is causing a disturbance to other tenants, this would be another ground for eviction. If the dog is a service animal this becomes a more complex situation.

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1 Answer | Asked in Child Support for New York on
Q: How does custodial parents income come into play when deciding what noncustodial parent will be obligated to pay ?

custodial parent annual salary $60,000.

Noncustodial parent is self employed does not claim a lot of income and only claims about $20,000 annually

George E. Patsis
George E. Patsis
answered on May 3, 2020

The calculation of child support is governed by the Child Support Standards Act (the "CSSA").  In New York, child support is calculated as a percentage of the combined gross income of a child's parents minus a FICA tax deduction.  As of March 2020, the combined parental income is... View More

1 Answer | Asked in Criminal Law for New York on
Q: What does it mean when the attorney does not show evidence to the defendant before trail
George E. Patsis
George E. Patsis
answered on May 2, 2020

The attorney representing the People (the district attorney) is required to disclose evidence or information that may prove the innocence (a/k/a exculpatory evidence) of a criminal defendant. This is known as Brady disclosure, this requirement comes from the 1963 U.S. Supreme Court case Brady v.... View More

3 Answers | Asked in Traffic Tickets for New York on
Q: Tickets from 2 years ago

I got a ticket 2 years ago in the bronx for texting and driving which is 5 points. Than a ticket 2 months later which I didnt plead guilty to for going 21 over the speed limit which is 5 points. My court date is in mid july if I get convicted would it automatically suspend my license. After this... View More

George E. Patsis
George E. Patsis
answered on May 2, 2020

Your point total is calculated based on the date of the violation, not the date of the conviction.

The points for violations that all occurred within the last 18 months are added to calculate your point total. In essence if over 18 months passed since the date of the violation, the points...
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1 Answer | Asked in Criminal Law for New York on
Q: What does the above docketed matter has been adjourned for dispositions mean.

I recieved a court appearance paper stating this at the top was wondering what it ment.

George E. Patsis
George E. Patsis
answered on May 2, 2020

An adjournment is the rescheduling of a court date, and a disposition is the resolution of the case. Taken together it appears that your appearance was rescheduled and the Court will be rendering a disposition.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: So, should I or should I not accept May's rent?
George E. Patsis
George E. Patsis
answered on May 1, 2020

This depends on a number of factors, without further details it is impossible to answer this question. Generally, a landlord should not accept rent after terminating a lease and initiating a holdover proceeding. As a result of Covid-19, the courts are currently closed and all evictions are stayed... View More

2 Answers | Asked in Identity Theft for New York on
Q: Somebody I know has created a fake POA and notarized himself and went to capital one bank and taken out my money 4900 la

He also arrived someone for 40.000 for visa citizen papers

George E. Patsis
George E. Patsis
answered on Apr 30, 2020

File a police report immediately and advise all of your financial institutions of the situation. It may also be wise to file an alert with the credit bureaus.

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1 Answer | Asked in Car Accidents for New York on
Q: Looking for a second opinion on Sedgwick/Budget claim

I received a letter from Budget Sedgwick on March 31, 2020 about a claim for damages to a rental car in November 2019. I provided my insurance info to Budget at the time that I returned the car. In my understanding, Budget should have started this claim at that time directly with my insurance,... View More

George E. Patsis
George E. Patsis
answered on Apr 29, 2020

It is important to timely report any claim to your own insurance carrier to avoid a denial of coverage. Your carrier should assign a representative that will handle the claim and work with the rental company.

2 Answers | Asked in Divorce for New York on
Q: Me and my wife are getting divorced. The house is in both our names. The loan is only in my name. Can she take the house
George E. Patsis
George E. Patsis
answered on Apr 29, 2020

This is a difficult question to answer without more information. New York is an Equitable Distribution state. Equitable Distribution does not require that property be distributed equally, but that it be distributed fairly. The Court will consider the contributions made by both parties to the... View More

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2 Answers | Asked in Family Law and Child Support for New York on
Q: Is it my brother or mother who needs to go to court

my brother is 18, moved out of his father's, while my mother is still paying child support. My brother now lives with me. Who and or what should we do to get the money back to my brother instead of his father

George E. Patsis
George E. Patsis
answered on Apr 29, 2020

The Mother should seek a modification of the child support order based upon a change of circumstances. It is unlikely that there will be any retroactive refund.

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4 Answers | Asked in Probate and Estate Planning for New York on
Q: what happen if John bequeathed a prized stamp collection in his friend’s name, Travis. However, prior to John’s death,

John sold the entire stamp collection to a museum. The will was not altered to reflect the change in ownership.

George E. Patsis
George E. Patsis
answered on Apr 29, 2020

Nothing will happen, the stamps will remain the museum's property.

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2 Answers | Asked in Estate Planning for New York on
Q: If my parents were separated and living in different states for 25 years is my father still entitled to any estate in Fl
George E. Patsis
George E. Patsis
answered on Apr 28, 2020

If they were still legally married your Father's right to inherit would not change. Only a divorce or a written agreement could alter his rights.

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