Questions Answered by Barry Eran Janay

Q: Employer is slated for a takeover 2 weeks prior to my due date. Will I still qualify for NYS paid family leave?

2 Answers | Asked in Employment Law for New York on
Answered on Dec 7, 2017

You're likely an employee at will, meaning every day you show up voluntarily and you can be terminated with or without cause. When your company gets taken over presumably the new employer will immediately implement their existing policies and you will not have the benefit of prior policies. I'd be happy to discuss this in more detail with you and I think it is warranted in this situation to do so. Please feel free to email me.
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Q: Dad's will in NY State says estate is to be split 50/50 to son and daughter. Estate has $450,00 in cash and a piece of

1 Answer | Asked in Estate Planning for New York on
Answered on Dec 1, 2017

No, it shouldn't be as long as it is properly documented. A gift would be if there was no value exchanged, here there is clearly value (in fact equal / identical value) being exchanged.
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Q: Hello, I wish to seek legal advice on a house I was in a contract to buy. Seller backed out randomly and sold it.

2 Answers | Asked in Real Estate Law for New York on
Answered on Dec 1, 2017

There may have been an action for specific performance to sell to you, but if your lawyer backed out of the deal without your knowledge or consent then it sounds like you potentially have a malpractice action against him/her. That said, I'm highly skeptical that there was no "time limit" clause on the mortgage....
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Q: Estates: Precedence of joint bank account survivor vs. addendum to will

2 Answers | Asked in Estate Planning for New York on
Answered on Nov 29, 2017

Depends on whether the supplement to the will was valid, I would argue that it likely is if it is referenced to the will and incorporated into the will by reference. Speak to an estate planning attorney who should be able to give you more specific guidance. Please email me directly if you have further questions.
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Q: no will and parents are deceased is it legal for my sister to continue paying mortgage under my mother's name for 3yrs?

2 Answers | Asked in Real Estate Law for New York on
Answered on Nov 29, 2017

Not really. The bank should be advised of your parents death and you and your sister are under the rules of intestacy most likely the owners as tenants in common of the property. If you want to sell it you should start an administrative proceeding to get letters of administration in your name and then list it for sale.
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Q: What are the best ways for a child to purchase assets from parents and avoid the estate tax (state+federal)?

3 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for New York on
Answered on Nov 29, 2017

If you're purchasing the assets with your own money there is NO estate or gift tax implication so long as it's reasonably tied to the fair market value for the assets. Furthermore, there is a lifetime exemption in the estate / inheritance tax at the federal level for $5.4M in gifts from individuals and $10.8 for married couples. Meaning so long as they are under that limit in taxes / gifts there is no estate tax due. As the other attorney pointed out, you should have a consultation with an...
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Q: If I purchase another member's interest in an LLC, does that mean I own proportionally the LLC's assets?

2 Answers | Asked in Estate Planning, Real Estate Law and Business Law for New York on
Answered on Nov 29, 2017

Yes. If you buy the LLC interest you own a percentage of the LLC and it's assets, the LLC also may have liabilities so perform your due diligence thoroughly. A decent attorney can assist you in this transaction.
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Q: I need a lawyer to represent me for unemployment,and sexual harassment and workplace violence.

3 Answers | Asked in Employment Law and Sexual Harassment for New York on
Answered on Nov 15, 2017

Email privately, I can assist.
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Q: I was issued a speeding ticket today. I can't find anywhere on it the fine I owe. Can I use that in my defense if I go

2 Answers | Asked in Traffic Tickets for New York on
Answered on Nov 14, 2017

Those aren't defenses.
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Q: In New York can you update estate administrator paperwork with another heir if you originally checked sole heir?

2 Answers | Asked in Estate Planning and Foreclosure for New York on
Answered on Nov 8, 2017

You need to get things corrected in the surrogates court and request that the Supreme Court handling the foreclosure action stay that case pending resolution in the Surrogates Court.
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Q: How long does an administrator have to give a beneficiary their money from an estate?

2 Answers | Asked in Estate Planning for New York on
Answered on Nov 3, 2017

It really depends, typically no more than 2 years since all taxes must be paid and creditor claims resolved...
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Q: speeding ticket

1 Answer | Asked in Traffic Tickets for New York on
Answered on Nov 3, 2017

If you were convicted three years ago I believe those 6 points would be gone by now, but you can confirm this on the DMV website.
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Q: Good Morning!!!! Who can my mom have look over a court case to make sure everything is being handled correctly? Jen

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Answered on Nov 3, 2017

Since your Uncle was Ordered to sell and now refuses it sounds to me like another Order from the court can be sought holding him in contempt for violating the first Order... The contempt charge should carry enough of a threat to convince him to sell as he was originally supposed to do and agreed to do. All of this would need to be verified by an attorney who actually reviewed the case and the papers, which I'm happy to do, but for a fee. If you want to email me we can discuss this further.
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Q: My mom passed 7/17, and had no will. My brother became sole administrator to estate,. I as other beneficiary still live

2 Answers | Asked in Estate Planning for New York on
Answered on Nov 2, 2017

He will be able to sell the house, you should put an appearance into the probate court to be co-administrator.
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Q: Speeding ticket on an exit ramp

2 Answers | Asked in Traffic Tickets for New York on
Answered on Nov 1, 2017

You can fight this, but it will come down to your testimony vs. the officer's. Once you got to that sign you had to be going 25 mph... Tough case.
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Q: Is computer code a language protected by the first amendment?

1 Answer | Asked in Business Law and Constitutional Law for New York on
Answered on Oct 30, 2017

I'm unaware of any case that says it's not afforded the protections...
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Q: My sister bought me out of my share of our parents house with a personal mortgage to me before she passed away.

3 Answers | Asked in Real Estate Law for New York on
Answered on Oct 30, 2017

Send an acceleration notice and then immediately begin foreclosing on it. It's a big task to do a foreclosure proceeding, so you'll probably need the assistance of an attorney and all in you'll spend $10K or so by the end.
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Q: My mom passed away in December of 2016 while cleaning out her stuff I discovered that she took out a life insuranceonme

2 Answers | Asked in Civil Litigation and Probate for New York on
Answered on Oct 27, 2017

You may want to get the death certificate and go down to the Surrogate's Court in the County in which your mother resided at the time she died, they usually have a clerk that can give guidance to people without attorneys. Feel free to email me if you have more questions.
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Q: In New York tragic summons is it true if you postphone a ticket and 18 months have passed no points will be issued?

2 Answers | Asked in Traffic Tickets for New York on
Answered on Oct 26, 2017

Not exactly, but it is true that points accrue from the VIOLATION DATE and not the ADJUDICATION DATE. Based on the spelling in your question I assume you will need to look up those capitalized words.
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Q: I was given a ticket with only a court date set two months from now.. How do I respond?

3 Answers | Asked in Traffic Tickets for New York on
Answered on Oct 25, 2017

I would fight that if I were you. It also doesn't hurt (from my experience doing this) to get a lawyer to represent you, the court's usually appreciate that and a decent lawyer can look at facial defects on a ticket, cross-examine the police officer, ask you good questions or give you good advising beforehand. I'd be happy to assist if you want to email me.
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