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I want to transfer my house into my already established Revocable Trust. Since the lawyer who created my trust has retired, I'm wondering if I can complete the process without hiring a new attorney. If it is necessary to hire a lawyer, what should I expect in terms of costs?
answered on Mar 31, 2025
Real simple. Just prepare a transfer deed putting it into the name of the trust and record that, after you have just listed the address and property into the existing trust document under assets protected, and notarize that change. Or I can prepare the paperwork for you for $100. I recommend saving... View More 
I live in a New York State village where a drainage pipe was installed under my driveway about 10 years ago. Over the years, this pipe has heaved significantly and damaged my driveway. Despite discussing the issue with previous mayors, no action has been taken. I recently spoke to the current... View More
I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?
answered on Mar 31, 2025
Sorry to hear what happened to your son. There is no safe lead level in the blood which can cause developmental delays in children. Depending on your son's lead levels and whether it can be causally connected with your apartment, he could have a viable claim against the landlord for lead... View More
I am dealing with a non-payment eviction case in Southampton Justice Court, Hampton Bays, NY, where the landlord's lawyer claims to have sent multiple Late Rent Notices without evidence, such as certified mail tracking or delivery confirmation. The landlord has not maintained the lot according... View More
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answered on Apr 1, 2025
Under New York Real Property Law §235-b, landlords must maintain all premises in accordance with the Warranty of Habitability, which requires providing tenants with livable, safe, and sanitary accommodations regardless of what your lease states. Your landlord's failure to maintain the lot... View More
I recently discovered that my neighbor cut down a tree that was fully on my property, close to the boundary line, without my permission or a permit. The tree was over 25 years old and fully grown, more than 10 feet tall. My property now looks empty and has decreased in value since the tree was the... View More
I have been living in my apartment with a month-to-month rental agreement that hasn't been renewed for 2 years. My landlord recently gave me a letter to vacate the apartment within 30 days, but they did not provide a specific reason. I haven't received any previous notices to vacate and... View More
answered on Mar 26, 2025
Dear Brooklyn Tenant:
Your landlord may not care that the tenancy termination notice is deficient. Your landlord may still try to use the Housing Court for an eviction. But you will prevail if you know the following and act on it.
New York State eliminated the thirty-day tenancy... View More
I live in New York State and reside in a Section 8 housing apartment that has been purchased by a relative. There is a current lease agreement with a yearly recertification. Can I continue to live in this apartment under Section 8, given these circumstances?
I have an ingress and egress easement in Albion, NY, where a grantee is parking an advertisement vehicle. The easement agreement does not specify parking or advertising rights. I've made two formal complaints to the sheriff's department, but they indicated it's a civil issue. The... View More
My dad passed away several years ago, and due to disagreements among his children, I never filed for a Declaration of Heirs. My dad's house was solely under his name, and we were waiting for everyone to come together. However, it turns out that my dad's siblings, who had no legal interest... View More
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answered on Mar 25, 2025
I'm sorry you're facing this situation—it can be deeply upsetting to discover that family members may have transferred or sold property without any legal authority. Based on the facts you've shared, it appears that your late father passed away intestate (without a will), and the... View More
I've been overcharged by my assessor who has incorrectly applied a 1.25% view tax along with a lakefront adjustment for the past twenty years. Upon enquiry about a tax increase this year, the assessor acknowledged it as an error, mentioning they couldn't charge both. I calculate that... View More
I want to know which takes precedence: a law stating that paper streets in Westchester belong to abutting landowners in a subdivision, or a deed from 1925 claiming to transfer title to the dirt paths and private streets of a subdivision created in 1908. Half of the paper street was removed from... View More
I have a tax lien on my real property in New York State, which was placed due to owed income tax in 2013. I haven't had any communication from the state tax authority, nor have I made any payments or settlements. I'm concerned about the expiration of the lien, especially since selling... View More
I am involved in a situation where the plaintiff, after filing for divorce, wants half of the equity in a house I own. Her name was added to the property title six years before she left. For four years leading up to the divorce, the plaintiff managed her income separately and continued to withdraw... View More
answered on Mar 20, 2025
Regardless of when the property was purchased, the act of adding your spouse to the deed is called transmutation, thus making it marital property. This does not mean it would be divided equally, but equitably. The distribution percentage depends on the pre-marital credit you might be entitled to.... View More
I divorced in New York 38 years ago on the grounds of mental cruelty, and the divorce documents stated that no discovery was needed regarding property division. I had property in Puerto Rico before marrying, and I bought a new property while married using proceeds from my premarital assets. Now,... View More
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answered on Mar 17, 2025
You said you already appealed to the highest court. So, there is nothing more that I could suggest. In any event, I would have to review your entire file, for the U.S. and for Puerto Rico, including your appeal, before I could understand what exactly happened. If you would like to retain me to do... View More
I am living in a Mitchell-Lama complex in Brooklyn, NY. I am the successor daughter in my parents' Coop unit, where they moved 30 years ago. Back then, the Coop Bylaws required that 60-70% of the apartment have wall-to-wall carpeting. We're now moving to a larger unit, and the Coop Board... View More
I'm in the process of a Chapter 7 bankruptcy, which is being dismissed at my own will since I can now pay off the debt. I understand that a discharged bankruptcy might take 1-4 years to secure a home loan, but what is the typical waiting period for taking out a home loan after a bankruptcy... View More
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answered on Mar 9, 2025
There is no such thing as a typical waiting period under the circumstances you have described. Especially now that mortgage lenders are tightening their lending requirements. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely... View More
I live on Staten Island, NY, and my husband purchased our house before we married. His father's name is also on the deed because he helped with the down payment. We plan to create a will and trust to leave the house to the surviving spouse or our son if we both pass. My name is not on the... View More
answered on Mar 9, 2025
Based on your description, a Will and a Trust are insufficient to ensure that the house goes to you (or your son) in the event that your husband dies.
Why? Because you described the house as being half owned by your Father in Law, and half owned by your husband. Your husband's will... View More
I live on Staten Island, NY, and my husband purchased our house before we married. His father's name is also on the deed because he helped with the down payment. My husband and I plan to create a will and trust, intending to leave the house to the surviving spouse or to our son if we both... View More
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answered on Mar 6, 2025
If your father-in-law is on the deed, he has an ownership interest. If your husband and father are the only two owners and are listed on the deed as joint tenants, when one dies, the other gets 100% ownership. If they are not listed as joint tenants, each owns 50%. In that case, your husband may... View More
I would like to know if I need to go to court to remove my ex-wife from the mortgage and deed on our home. She has not lived in the home or made any financial contributions toward the mortgage since she left last summer. Despite her lack of involvement, her name is still on both the mortgage and... View More
answered on Mar 8, 2025
You state "ex-wife" - if you are divorced, then you need to look at what your Judgment of Divorce states.
If you are not divorced, and your spouse is on the mortgage and/or deed, then you need to start a separation or divorce proceeding -- or get her to agree to remove her name from both.
I currently live in a rent-stabilized apartment in New York City and have recently purchased a co-op apartment as an investment, intending not to reside there. I have not informed my landlord about this purchase, and there are no specific terms in my lease regarding ownership of other properties.... View More
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