Benjamin Z. Katz Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2023

Go to the following website. Search for the relative and follow the procedures to file a claim. You will need documentation showing your relationship to the decedent. You may need to hire a genealogist.

https://www.osc.state.ny.us/unclaimed-funds

A trial is where the Petitioner presents their case and the Respondent defends. The Petitioner calls witnesses and presents evidence and the Respodent can cross examine the Petitioner and the witnesses. The Respodent can call witnesses and present evidence. It is a good idea to hire an attorney... View More

The civil justice system only provides a remedy for harm that has occurred, not harm that might have occurred. Fortunately, your son was not harmed. Speak with the principal and teacher at your son's school and tell them what you observed so that it does not happen again (either to your son... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2023

If you have filed for child support and have not received a final termination by the Court in Manhattan, it is recommended to follow up on the status of your case. You can contact the Clerk's Office of the court where you filed the case to inquire about any updates or next steps. They should... View More

A person can always change their own will as long as they are of sound mind. Assuming your parents have separate wills and your father has dementia, his will likely can not be changed unless he does it himself while he is lucid.

If you are an adult your parents have a right to keep you out of their home.

You can provide in an agreement that you both waive any spousal support, whether temporary or permanent, provided it is in a proper form just like a deed. However, there are exceptions: sometimes you could have an agreement that is a complete waiver of support , but you may still have to support... View More

I would say yes. it is a conflict, and I would make a motion to disqualify the therapist. of course, the judge has the last say, but I feel strongly enough about this that I would appeal it.

You should absolutely look into whether there are basis for a dismissal. Ultimately the Petitioner has the burden of proof, but it is somewhat a low burden (preponderance of the evidence). Consult a lawyer because Art. 8 of the Family Court has strict requirements as to Petitions for O.P. and... View More

This is why you should have hired a lawyer. Submitting divorce papers without both signatures will simply be rejected. You can start separate custody and support actions in Family Court. However, a contested divorce can accomplish all of it. You do not need your husband's cooperation but you... View More

It should not affect your son at all. YOu received the 309 because he owes you a domestic support obligation. Child support is still due and owing even with a bankruptcy and cannot be discharged.

If the assets have the value you are stating, then it is worth actually having a lawyer review everything. However, based solely on your post, your stepchildren inherit nothing if their mother dies first. However, you can do a trust, giving your wife lifetime income, to insure she does not pass... View More

A Judge has the ability to calendar a case whenever the Judge finds good cause to do so, but it has to be on notice. If the orders include custody decisions and or visitation issues without a hearing, you most likely have an appealable issue. you must file an emergency motion with the Appellate... View More

Unfortunately, there is nothing you can do to stop your ex from filing papers in court. However, this may be a case for equitable estopple to prevent you from having to pay child support. You need to speak with an attorney about the facts of the case and to represent you if this does go to court.

I am sorry to hear of your loss. Money found in your great aunt's home would likely be deemed an asset of her estate to be distributed in accordance with the terms of her Will or, if she did not have a Will, in accordance with the relevant State's intestacy statute.

No, it's not yours. You know it's not yours, it's your mother's.

The case will not turn into a criminal matter unless there was a criminal court matter.

You can reimburse yourself as you go, but the disbursements are not approved and subject to clawback until you have a final accounting approved, or waivers from all parties. Your lawyer should know this. If you do not have one, and money is tight, it might be a good idea to have a lawyer.

If overtime is available, the court will consider it for support purposes. If the non-custodial parent can prove there is no more overtime the court might not consider if the stoppage of overtime is not the result of the non-custodial parent's action.

You have no obligation to answer the phone.