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Questions Answered by Giselle Ayala Mateus
3 Answers | Asked in Estate Planning and Probate for New York on
Q: is This legal for my dad to keep property and change ownership and then take out loans on houses in my moms sole name?

My dad the administrater changed the deeds ownership somehow to his own when my mom died intestate, she’s the sole owner of the properties. He said he is continually keeping rents from said properties when he dies maybe we will get our inheritance from them. There are 7 children. Nobody agreed... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Oct 21, 2020

To deal with this you need to start a process in Surrogate's Court. An executor will be appointed and then your mothers property would be distributed according to the law Office cause there is no will.

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2 Answers | Asked in Contracts for New York on
Q: Due to unforeseen circumstances with Covid we are unable to meet the minimum sales requirements of a business contract.

The contract has no force majeure section. Have we any recourse in this matter?

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Oct 9, 2020

It is necessary to review the contract to provide an effective legal answer. However, no one is oblogato the impossible, if it is really impossible. Impossibility does not mean that it is more costly, it means that there is no way to achieve that purpose. Now, to interpret what Impossible means... Read more »

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2 Answers | Asked in Copyright for New York on
Q: Can you use celebrities as models for photoshopped works?

One of my hobbies is photo editing, and sometimes my ideas involve people. My question is, could I edit/photoshop images of a celebrity I like and post them, or would I need direct permission from them? It would be posted on a social media site, like Instagram, and wouldn’t be sold commercially.... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Oct 6, 2020

You need to consider copyright issues considering the authorship of the original photo, that the more transformative a work is the less likely it is infringement under copyright, and that the models may have a cause if action under right of publicity if you don't have permission to use their... Read more »

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2 Answers | Asked in Copyright and Trademark for New York on
Q: My birth name is Tia. My question is how would my name being trademarked effect my ability to use it?

My original birth name is trademarked. How would this effect my ability to use it In business? I would like to use my real name for future Business ideas and brands.

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Oct 6, 2020

Before jumping to any confusion it is important to consider that a trademark registration has legal effects with respect to the class of goods or services covering the registration. This means that two trademarks with same name can co-exist if they are registered for different classes of goods or... Read more »

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2 Answers | Asked in Contracts, Copyright and Gov & Administrative Law for New York on
Q: Can I create a brand called s.c.u.m or would their be a conflict ?
Giselle Ayala Mateus
Giselle Ayala Mateus answered on Oct 3, 2020

It is important to understand that brand and trademark are different concepts. You can create a brand using that designation, and from a marketing point it might be alright. However, from a legal standpoint it is a best practice to go through a clearance process thinking of trademark and copyright... Read more »

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1 Answer | Asked in Contracts on
Q: Can an executor of an estate allocate funds to a beneficiary as soon as he is appointed if the beneficiary had no money?
Giselle Ayala Mateus
Giselle Ayala Mateus answered on Sep 30, 2020

Depending on the State rules change. However, before disposing of the assets of a estate an executor/administrators must deal with payment of amounts due. Then, unless there is a will he will have to determine who are the first call to receive anything. Additionally, in New York, for instance,... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Do I have a case if I had to cancel my wedding contract location due to Covid-19 mandates and the owner will not refund

wedding location in safety harbor, florida was booked before covid-19. Contract states no refunds, but due to the pandemic and rules over 10 guest are not allowed in a vacation rental in pinellas county...... I was told I could use the credit within a year of scheduled event that would have taken... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Sep 25, 2020

The answer to this questions depends on what you want to do. On the one hand, if the contract clearly states that there would be no refunds in any circumstance, probably you cannot ask for a refund. However, if there is a force majeure clause or a similar clause making exception you could be able... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: I have signed a lease with a move-in date of 09/15/2020, however they did not conduct an inspection until 09/16/2020.

The landlord did not make sure that the property was deemed habitable before my move in date. They are now wanting me sign a revised move in date change lease and I refuse and want my money back.

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Sep 20, 2020

It ua necessary to review the whole contract to know whether it can be rescinded. However, it is worth mentioning that the Covenant of Habitability is part of a lease agreement. You contact a housing attorney. Good luck!

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