My partner and I suffered substantial income loss due to COVID and we advised our landlord that we would like to use our security deposit for our June rent. Our lease is up on 7/31 and we will likely move out as we can no longer afford our rent because of income reductions. We have an excellent... View More
If they were legally divorced, the lawyer should have no need for a death certificate unless the lawyer is trying to claim an asset. I would not give it to the lawyer and get an explanation of why it is needed.
It depends on several factors. For example, did the children contribute to the upkeep of the house, other gifts she has made and is she competent, just to name a few. There are more beneficial ways of doing this transaction which will satisfy her goals. You should consult an attorney.
The check is made out to the nursing home, for the patient's care. The check came to us (power of attorney). Can we insist it be applied to her personal account, or can the nursing home take it just as they take most of her Social Security to pay for her care?
I agree that you should consult a lawyer before signing any document (not limited to the one mentioned) which can affect your rights as a beneficiary. Also, I would mention that if you don't sign, you will have a lot of time before any next step due to covid. The Surrogate's Court is...View More
There are a few factors that determine the best course of action. First, where was your grandmother's estate/will probated? Second, did they predecease or post decease? Third, has the executor applied for ancillary letters? Fourth, have the hiers informed anyone in PR of the death? I...View More
I agree with my partner that you need to register a registered gun that is bequeathed to you. However, there are situations where your bequest is unregistered and this requires knowing what types of guns they are and whether you need to involve the police/ law enforcement. You must discuss this...View More
I am purchasing a home and have the mortgage, and purchase contract under only my name. I have been in a relationship for 11 years with the same women - she is contributing 5% towards our 15% down-payment.10% coming from me. All mortgage payments made will come from a bank account solely under my... View More
As her name is not on the title of the deed, she will not be a record owner. There a few ways of handling this, but I suggest a gifting or loan agreement since she is really not getting anything for her 5% of the deposit that is recorded.
If your primary letters of Administration were in GA, I presume that was where the Decedent was domiciled. New York will allow you to use a small affidavit for a non-domiciliary as an ancillary proceeding to the one you have in GA. You cannot have two main administration proceedings. The...View More
It turns out though that a huge contract that was on the books at the time in which payment was in arrears finally came through - I did some work on the contract before I left. Am I entitled to some of that money now?
The short answer is you don't. That is the point of bankruptcy -- to not pay your debts. The long answer is that if there is a basis to seek non-discharge of the claim, you can make a complaint to do so.
Need advice. I sold my home to a cash buyer. we both signed contract and everything was moving along. In the contract it stated the house was to be sold "as is, and no reduction in purchase price or claim of any kind for any change in such condition," etc...Basically the buyer knew I... View More
I recently moved away from New York, and broke my lease at my apartment by doing so. My landlord is keeping my security +last month's rent deposits. However, I was required to continue to pay rent for the two months before he found a new tenant (who he wanted to pay a higher rent, which made... View More
As a %50 beneficiary of a revocable trust in New York State, what are my rights? The grantor of the trust passed away in 2015. Do I have a right to a copy of trust documents and an accounting. My trustee does not seem to know the answer, and the attorneys that penned the trust are not responding... View More
Can you clarify if the Grantor/Trustee is deceased or alive? In other words, do you have a current beneficial interest or do you have a contingent beneficial interest. This very much affects the answer. I would presume that the Grantor is the primary beneficiary. If Grantor has passed away,...View More
This depends on what type of tax you are asking about and the values of your inheritance. In any event, you will get a stepped up basis to your mother's eventual date of death. You are wise to consider this now while you have time to plan for it. You and she should sit down with a lawyer...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.