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Questions Answered by Damien Matthew Bosco
3 Answers | Asked in Real Estate Law, Tax Law and Probate for New York on
Q: My mother passed in 2021, she had left the house to me and my 3 children. There is about two years of unpaid property

And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 11, 2024

I'm sorry for your loss and the challenges you're facing. If probate is delaying your ability to act, consider filing a motion requesting the court to grant temporary authority to address urgent matters, like paying property taxes. An attorney can assist with this.

Possibly, you...
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2 Answers | Asked in Business Law for New York on
Q: Hello I need help with my business, I saw someone using my business name, I have my business over 30 years
Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 8, 2024

Generally, a business can help protect its name through registration of the business name with the US Patent and Trademark Office or within the state where the business is located. Registration provides evidence of ownership of the trademark for use in commerce. If there has been no registration of... View More

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1 Answer | Asked in Estate Planning for New York on
Q: My wife and I want protection from a future challenge of Undue Influence and Lack of Mental Competency.

What type of attorney do we need to help my wife and I establish a defense against a future challenge of Undue Influence and Lack of Mental Competency to our Will, and or to either of us personally? We will also want a new Will and Powers of Attorney drawn up, and to possibly discuss some other... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 5, 2024

Hello there! You would want an attorney who handles Estate Planning, or an attorney who does Trusts & Estates. The attorney could draft and supervise the execution of Wills, POAs, and other estate planning documents. During the Will signing ceremony, the attorney can ask the right questions to... View More

2 Answers | Asked in Real Estate Law and Family Law for New York on
Q: who do we contact to confirm death of a parent in nyc and if there was a will or property left to next of kin?

my wife's estranged father died earlier this year (possibly June) in nyc. she is the only child and it is believed he lived in the coop her mother owned and is now deseased as well. if that is the case, would like to know if she has a right to that property.

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 2, 2024

Your wife may be able to contact the NYC Department of Health and Mental Hygiene since she is next of kin She may be able to request a copy of the death certificate. She can apply online, by mail, or in person. Death certificates are necessary for most estate-related matters. NYC Vital Records:... View More

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1 Answer | Asked in Employment Law for New York on
Q: I'm 11 weeks pregnant my obgy gave me a 25 lbs weight restriction but they say they cannot accommodate me

I work for amazon as a delivery driver for a 3rd party, heaviest packages we get are 50lbs but sometimes feel heavier, I gave the paper work my obgy gave me and my work basically said they have no light duty work, no desk duties and they don't do helpers so I have to basically deal with... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 27, 2024

The Pregnancy Discrimination Act and related state laws require reasonable accommodations for pregnant workers, similar to those provided to employees with temporary physical limitations. If you work in New York, you have additional protections under the New York State Human Rights Law (NYSHRL) and... View More

1 Answer | Asked in Tax Law for New York on
Q: What is recourse if real property was illegally seized when taxes were always paid in full and county ascribed wrong own

Owner and failed to notify record owner of deed

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 25, 2024

If your real property was transferred due to errors by the county (e.g., assigning the wrong owner or failing to notify you of changes to the deed) contact the county recorder or assessor's office in writing to dispute the error. Include copies of your tax payment records, the deed, and other... View More

1 Answer | Asked in Estate Planning, Securities Law and Elder Law for New York on
Q: What do I do if Fidelity Investments refuses to give my mother her money, and refused my power of Attorney?

Mom had a stroke a year ago and hasn't gotten better. We are trying to buy a house so that I can take care of her when the time comes... Fidelity has accused me of Elder Abuse and trying to steal her assets etc even tho my mom was the one who told fidelity what her wishes were. They are rude... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 25, 2024

I'm sorry you're going through this difficult situation. If you haven't already, ask Fidelity to document their concerns in writing and provide the specific reasons for refusing to honor your POA or give your mother access to her funds. It may be because they believe your mother... View More

1 Answer | Asked in Real Estate Law for New York on
Q: In NY State, Can a homeowner sale a house without disclosing that an addition has been built half over the septic tank.
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 21, 2024

Building an addition over a septic tank would likely be considered a material defect that should be disclosed. New York law provides sellers with an alternative to completing the Property Condition Disclosure Statement. Sellers can opt to pay a $500 credit to the buyer at closing instead of... View More

1 Answer | Asked in Real Estate Law for New York on
Q: FHA APPRAISAL SHARE GARAGE

I’m recently divorced and signed an agreement to pay $190,000 to keep the house. The bank asked me for the agreement to start the process of refinancing. I was conditionally approved for refinancing, and after signing all the necessary paperwork, including transferring the title solely to my... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 13, 2024

While this is a setback, it doesn't necessarily mean the refinancing can't proceed. The key will be working closely with your lender and providing all necessary information to address the FHA's concerns about the shared garage. The lender must ensure that the subject property's... View More

1 Answer | Asked in Business Formation for New York on
Q: I am looking to form an LLC for my rental property business in Pennsylvania. I live in New York. Interested in Wyoming

Interested in the protections of Wyoming, but don't know if I should just stick with Pennsylvania or New York. My main concerns are asset protection and tax savings

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 12, 2024

For a Pennsylvania rental property, a Pennsylvania LLC would seem the most efficient and cost-effective option for minimizing extra filings, and fees, while maintaining direct asset protection within the state where the property is located. While Wyoming offers excellent asset protection and no... View More

2 Answers | Asked in Real Estate Law for New York on
Q: After a deed in lieu is signed what happens next to borrowers
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 12, 2024

In some cases, if the sale of the property does not cover the outstanding mortgage debt, the lender may pursue a deficiency judgment to recover the remaining balance. New York is a judicial foreclosure state, meaning any deficiency judgment must be pursued through the courts. However, in some... View More

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2 Answers | Asked in Small Claims, Medical Malpractice and Personal Injury for New York on
Q: I spent $13,000 on tooth implants from Dr. Glick less than a year later my crowns are falling out do I have a case ?
Damien Matthew Bosco
Damien Matthew Bosco
answered on Jun 17, 2024

It is advisable to seek a second opinion from another dental professional to evaluate the implants and crowns' quality and condition. This will assist in determining if the work was performed inadequately or incorrectly. If you gather evidence that suggests negligence or substandard care, you... View More

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2 Answers | Asked in Products Liability and Collections for New York on
Q: If I was left money and items by a person who passed away unexpectedly am I able to still get those? He never had a will

I have proof the items belong to me.

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 19, 2024

Unless you are an heir of a decedent who dies without a Will, you would not be entitled to inherit property from the decedent. However, if you have proof of ownership (e.g., receipts, contracts, written agreements, or other documentation showing the items belong to you), you can present this to the... View More

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3 Answers | Asked in Copyright, Business Law and Intellectual Property for New York on
Q: My photos are being used on SHEIN without my permission. What can I do about this?

I have a small business where I sell handmade bracelets. It has come to my attention that

SHEIN used to of my photos.

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 19, 2024

Find the company's contact information for copyright complaints (often in their terms of service or privacy policy). See if they will take down the photos. If that does not work, an option is to send them a formal DMCA takedown notice.

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1 Answer | Asked in Estate Planning for New York on
Q: I have not received financial documents of a trust I am beneficiary of. How do I go to court to compel the trustee to

Send me those documents

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

Generally, if you are a beneficiary of a trust, and the trustee has failed to provide financial documents, you can petition the court to compel the trustee to provide an accounting.

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: hi Is a notarized signed and submitted Deed in lieu of foreclosure documents revocable by a plaintiff in New York
Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

There are limited circumstances under which a plaintiff (typically the borrower) might try to revoke or challenge the validity of a submitted Deed in Lieu of Foreclosure (DIL). Generally, once the lender accepts and files the DIL, revocation is highly unlikely unless a valid legal basis exists.

1 Answer | Asked in Probate for New York on
Q: How do I cash a check made out to my deceased parents names

10 years ago my dad transferred his home to me and he became the life estate. He passed away later that year. So the deed is in my name but the mortgage remained in his name and I continued to pay the mortgage. I advised the mortgage company of my parents deaths. I had to sign paperwork so I would... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

You might be able to use a small estate affidavit to claim the funds. This process is simpler than full probate and could allow you to deposit the check.

1 Answer | Asked in Uncategorized for New York on
Q: my dad is the trustee of an irrevocable trust, my sister forces him to make a will and he is not of sound mind (parkinso

He has parkinson's and dementia, been taking medication for hallucinations since 2014, my sister forces him and to go make a will under duress, and in her best interest!

Please help me, I don't know how to stop them, and they are doing many other illegal things!

Thanks

Vincent

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 17, 2024

Hello Vincent:

If your father is no longer of sound mind and is being coerced, you may need to petition the court for guardianship over him. This would give you legal authority to make decisions on his behalf, preventing others from taking advantage of him.

1 Answer | Asked in Uncategorized for New York on
Q: Question about legal fees.

I Am the executor to my father’s estate. We are in the final phase and I need releases from the beneficiaries. I have received all but one. I and the other beneficiaries have tried numerous times to no avail. It will now go before the judge for judicial approval at much more cost in legal fees.... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 15, 2024

While you can certainly ask the judge to consider charging the extra expenses to the uncooperative beneficiary, the decision ultimately rests with the court. Your attorney may be able to present the strongest possible case for this request during the judicial approval process.

1 Answer | Asked in Business Formation and Business Law for New York on
Q: Filing a DBD in NYC for clothing brand vs legal business name

I have a clothing brand that uses a different name than the business legal name which is an inc / s-corp. If selling goods online( own website with brand name) and "maybe" to retailers (brick & mortar) in the future, will I need to file a DBA for the brandname that appears on the... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 5, 2024

My name is Attorney Damien Bosco. My law office is in Queens County, Long Island City, across from Manhattan. Depending on the matter, I handle matters throughout New York.

Thank you for asking your question.

Generally, you would not need a d/b/a (an assumed name for a company) for...
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