The client in your office is 1 of the 3 children whose mother just passed away intestate, owning only 1 piece of real estate and a bank account. The client has been living with his mother in the property and claims that he should be allowed to purchase the property from the estate, but at a lesser... Read more »
I'm not sure if you are asking about New York. However, in New York, if the decent left no Will, the client can certainly petition to be appointed as Administrator. Personal representatives commonly have an interest in the estate assets that may conflict with other potential heirs. Those...Read more »
I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.
In order to "open" (vacate) a default, defendants must argue that they have an excuse for failing to respond to a Summons and must assert a valid ("meritorious") defense (not a high bar on vacating a judgment), which includes the defense of lack of jurisdiction -- which would...Read more »
If your parent intends to make a gift of his or her interest in the property, depending on the value of the gift it may be subject to gift tax. However, New York does not impose a transfer tax on gifts of real property that are made without the payment of consideration.
Company failed to include the school taxes into the escrow on disclosure and elsewhere yet indicated escrow includes school tax. Identified since cash out was shorted taking out for shcool tax, and monthly payment would increase from stated amount in disclosure, increasing 306 per month.
What type of help are you looking for? There are many attorneys in NY that would be happy to consult with and/or be retained to assist with Estate matters. In addition, there is information posted on the Surrogate's Court website as well as a Help Center at the Courthouse that provides basic...Read more »
I moved in to my apt. in January of 2021. My lease says $2211 with a concession. My final rental price has changed so many times due to the lack of organization and professionalism from the management company. The original agreement with the manager at the time was never recognized by upper... Read more »
Basically, unless you are in a rent regulated apartment a landlord has the authority to determine the rent and/or any rent increases. The HSTPA of 2019 requires that all landlords provide written notice of rent increases of 5% or more for existing tenants but does not place a cap the allowable...Read more »
Good evening. I am lending capital to a real estate investor in my area and in turn I will be receiving 10% interest for a total of one year. I will receiving two documents, a promissory note and the loan agreement, and I would like a lawyer to review to make sure my interests are protected and... Read more »
I was told if you bring a tenant to court to sue for past due rent, you cannot also sue for late fees, only the monthly rent amount. If this is so, can I change my leases so my rental amount includes the late fee and if the tenant pays by the 5th they can deduct the late fee from the rent?
as 100% owner of the corporation now can i file an unjust enrichment claim to recoup some of the investment on behalf of the corporation? I tried to purchase this property however i am the executor and my family will not approve of the sale even though I offered over fair market value for it. I... Read more »
House I've been renting 5 years was sold. New owners offered cash verbally, in person and via email, for me to move soon (possible but not ideal). If I agree (via email), move and they don't pay, do I have recourse options?
been holding on it for two years. What, if any, rights does she retain in her personal effects (family heirlooms, legal documents, jewelry, etc.) that remained in the house after the new owner changed the locks? He is refusing access and has scheduled a dumpster for what he deems to be abandoned... Read more »
I live in the house. Dad and Mom wanted only me to have house, not my brother, because I took care of them for over 10 years. There are no papers signed though for me to have it. My brother said you have to have his name on it also because they left no papers for me to have it.
There are many lawyers that participate on this website willing to provide educational information directed to your question. However, you will need to phrase your question better to get any meaningful assistance.
I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing? What can I do?
I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing?
I am a holdover tenant since my old lease expired May 2003.
My expired lease states,
"Tenant will, at Tenant's own cost and expense, bear, pay as additional rent the common maintenance charges for the premises known as 12-55 and 12-57 150 Street, Whitestone, New York, in... Read more »
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