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3 Answers | Asked in Contracts, Estate Planning and Real Estate Law for New York on
Q: My mother passed away and had 4 children. What's the easiest process to get her house sold and have proceeds split?

The house is in her name, her live-in boyfriend has a few bills in his name but not on the house.

She did NOT have a will.

The house is in semi-okay condition. It needs a lot of work. I would like to know how/when I should get the process started for putting her house on the market... Read more »

Jack Mevorach
Jack Mevorach
answered on Jul 2, 2022

A proceeding must be filed in Surrogate's Court to have an Administrator appointed as fiduciary of the estate. The Administrator can have the house sold and divide the proceeds.

Regarding the sale of the house, Have a free telephone consultation with counsel.

Jack

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0 Answers | Asked in Employment Law and Cannabis & Marijuana Law for New York on
Q: Can non-NY based remote employees be tested for THC from a New Yorker employer?

I received an offer of employment from a major NY employer for a remote position. I am based in SC, and I was wondering if I could still be tested for THC? I know that NY employers cannot test for THC anymore, but does the fact that I reside outside of NYC, and in an "illegal state", mean... Read more »

1 Answer | Asked in Civil Litigation for New York on
Q: What is the law governing the speed of one auto fixing to pass another auto in Puerto Rico ???

I was given a speeding ticket in the middle of passing another vehicle.

Tim Akpinar
Tim Akpinar
answered on Jul 2, 2022

You could repost question under the heading "Traffic Tickets" for Puerto Rico ("Territories" should appear when you click "Show More States." You'll see Puerto Rico appear there). There's no guarantee all posts are picked up, but you'd have better... Read more »

0 Answers | Asked in Elder Law and Real Estate Law for New York on
Q: My mother owns a mobile home. If she has to go on Medicade and into a nursing home, will they take her home?

Her son has resided with her for 18 years and he is willed the mobile home.

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can I have a legally prepared agreement with a month to month tenant to ensure that tenants adhere to the rules?
Elaine Shay
PREMIUM
Elaine Shay
answered on Jul 1, 2022

If your property is not rent-regulated, you may legally have a month-to-month rental agreement with your tenant. However, like with all tenancies, if a tenant fails to adhere to the terms of the agreement, you may still be required to go to court to enforce your agreement or obtain relief such as... Read more »

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0 Answers | Asked in Banking for New York on
Q: Bank broke my safe deposit box in error and gave my jewelry and cash to person with same box number from other section

Items returned but some cash missing. Bank will report cash because now they know it was there, but had my privacy not been invaded they would not know about the cash.

0 Answers | Asked in Employment Law and Business Law for New York on
Q: If i am a LCSW & work a W-2 job & 1099 & am on PFL from W-2 for baby binding, can i still work the 1099 job in NY?

I will be on short term disability for 8 weeks and then PFL for 12 weeks from the w-2 job and am wondering if i can work my 1099 job seeing private practice clients as a therapist while on leave from the w-2 job.

1 Answer | Asked in Small Claims for New York on
Q: Where to take legal action for an invoice nonpayment when the client is in a different state?

Hi,

One of my clients has failed to pay the remainder of an invoice ($2000) that was due months ago. Every month I remind him and he comes up with excuses. I've been very patient and understanding but its been too long and I want to take legal action.

I am Freelance Visual... Read more »

Jack Mevorach
Jack Mevorach
answered on Jun 30, 2022

Often, a contract between parties specifies jurisdiction. If yours does not, consider adding that provision.

Depending on the facts, jurisdiction may lie in New York, California or both.

It doesn't pay to retain counsel for a $2,000.00 claim.

Have a free telephone...
Read more »

1 Answer | Asked in Elder Law for New York on
Q: During the 5 year look back in a Medicaid application what type of expenditures are allowed and what are not allowed?
Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Jul 1, 2022

Expenditures are not generally an issue. The concern is when there is a substantial transfer without value received in return. For instance, paying $1000 per month for rent will not raise eyebrows so long as there is no question that the rental unit was being occupied. On the other hand, paying... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can I move out of state with the child if both parents signed a noterized custody agreement giving me custody

They gave me permission to make any and all decisions about the child.That the child lives with me and I make decisions regarding doctors, education etc

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jul 1, 2022

The signed and acknowledged agreement must do more than give "custody." It must specifically state that relocation is agreed upon, and to bolster its validity, the agreement should include a visitation plan for the stay-behind parent. There should also be a passport authority statement in... Read more »

0 Answers | Asked in Landlord - Tenant for New York on
Q: My Aunt Came to visit when my mother died she never left. She was served eviction notice. She lives next door now

My aunt never left my house after my mother died I told her to leave she refused I finally went to court after two years I received my judgment for an eviction she was served 6 weeks ago 14 day by the sheriff I paid for. You've been living in My Den I had no access to my deck or anything as a... Read more »

0 Answers | Asked in Real Estate Law for New York on
Q: My aunt came to visit and never left I got an eviction she has been living across the street for the last 4 months

My aunt came to visit when my mother died she never left I never gave her permission to live in my house she's been in my Den for 5 years I've got finally a eviction through court she was served a 14-day notice to leave 6 weeks ago. For the past 4 months she is not lived here she lives... Read more »

1 Answer | Asked in Estate Planning and Tax Law for New York on
Q: What say does a beneficiary (me) have concerning how cash assets are distributed? Executor chose, not the deceased.

We are in NY State. Brother (executor) wants to distribute over 4 years (tax reasons): I prefer lump sum or 2 years. Can the cash be distributed in different ways to different beneficiaries? If not, does this require a legal intervention?

David Ostrove
David Ostrove
answered on Jun 30, 2022

The trust language controls. The Trustee must administer the trust strictly in accordance with the Settlor's intentions.

2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

Jack Mevorach
Jack Mevorach
answered on Jun 29, 2022

I think yes.

Jack

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2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

David H. Relkin
David H. Relkin
answered on Jun 30, 2022

Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to... Read more »

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0 Answers | Asked in Election Law, Gov & Administrative Law and Civil Litigation for New York on
Q: How can I find a high-profile pro bono firm experienced with election issues?

I worked the primary election in NY and witnessed *many* horrifying injustices, relating to both the integrity of the election, as well as a (mostly) unrelated, but equally horrifying, social justice matter, although I am not yet certain if that will be a part of the case. I am interested in... Read more »

0 Answers | Asked in Medical Malpractice for New York on
Q: Medical malpractice attorney?

Hello,

I'm trying to find a medical malpractice attorney that will represent me in a case I'm trying to pursue in NY.I had surgery on Oct 16 2019 and continued to see the same doctor up until Feb 25 2021 therefore it's going to be under the "continuous treatment"... Read more »

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