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1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My dad’s name was taken off the deed years ago. Is he still entitled to inherit if my Mom died years later w out a will

She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY

Elaine Shay
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Elaine Shay
answered on Mar 22, 2024

A surviving spouse is entitled to inherit. The information provided by the NYS Unified Court System at this link should be helpful to you: https://www.nycourts.gov/courthelp/whensomeonedies/intestacy.shtml

1 Answer | Asked in Consumer Law, Personal Injury, Energy, Oil and Gas and Municipal Law for New York on
Q: Nyseg took the meter from my house, yesterday, a week after restarting my account. It is 15°

I am disabled, working through repairs from an electric fire. Are they responsible for broken pipes because they filled the lines with water, allowing the electric on, then caused the freeze with no notice removal. Fresh foods frozen, botled water froze(no electric no waterpump no toilets)

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

I'm sorry for the stressful situation you have been placed into. It could be difficult for an attorney to offer a simple, direct answer to your question in the brief post without knowing more details, and figuring out what happened here. Until you're able to discuss with a local attorney,... View More

3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I moved out of a Manhattan apartment 7 months ago and I’m still trying to get my security deposit back

Landlord agrees I’m owed full deposit. I requested a wire transfer since I left USA (can’t physically cash check here, amount too large for online deposit). Landlord’s staff sometimes say their account won’t allow wire transfers, obv false since other times they say they can wire but it... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 22, 2024

Dear Manhattan Tenant

The controlling statute does not provide any guidance on the allowance of a deduction of the expenses incurred by delivering the security deposit by international wire transfers and not by check within 14 days. It surely would have been a better solution to have a...
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3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I moved out of a Manhattan apartment 7 months ago and I’m still trying to get my security deposit back

Landlord agrees I’m owed full deposit. I requested a wire transfer since I left USA (can’t physically cash check here, amount too large for online deposit). Landlord’s staff sometimes say their account won’t allow wire transfers, obv false since other times they say they can wire but it... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 22, 2024

Dear Manhattan Tenant

The controlling statute does not provide any guidance on the allowance of a deduction of the expenses incurred by delivering the security deposit by international wire transfers and not by check within 14 days. It surely would have been a better solution to have a...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: Ending a month to month lease in Brooklyn NY with an argumentative landlord, just trying to figure out my rights, if any

Hello, I am in a month to month lease with my landlord. I am moving out on the 18th of the month, and have given a month's notice. Upon moving in, the landlord offered prorated rent, but when I brought this up to see if that would be an option for moving out they said no. They do not want to... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 22, 2024

Dear Brooklyn Tenant

New York State housing law has not built in to unwritten month to month leases the implied covenant of rent proration. This means that without a written agreement to prorated rent that there is no entitlement to do so.

Your last month rent is due on the 1st day...
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0 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for New York on
Q: I am looking forward for an attorney who is not scared to sue the county for injury sustained through car accident.

DWI driver hit my car and I got injured badly, needed plate and screws(surgery), as I know so far that he was on a conditional license and he was not supposed to be driving, but this was his third time being behind the wheel and caused the accident, I currently have a personal injury case, but I am... View More

0 Answers | Asked in Criminal Law for New York on
Q: Is this an illegal search? What is my best defense?

My apartment got raided on Monday night. They were looking for a friend of ours who was staying here on and off for a few weeks. He wasn't here when they raided the apartment. They continued to flip our whole apartment. I had less than a gram of heroin in the house. They didn't find... View More

0 Answers | Asked in Family Law for New York on
Q: sole legal and physical custody US passport

Hi, I have sole legal and physical custody of my 2 year old, I’d like to apply for her US passport in NY state but wanted to know if the other parent can access that information, even if they don’t have custody . My child and I have a protection order from other parent for the next 2 years.

1 Answer | Asked in Civil Rights for New York on
Q: Why my husband came with the police in the house if I did not ask for an order protection

My husband and I have a fight,I call the police because he was agresive with me and stole my phone ,next day someone from the station came to our home to tell me that he’s free to came back home anytime he want if I don’t ask for a protection order,I did not ask for a protection order because... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024

If your husband returned with the police without a protection order in place, it may have been for a few reasons. Firstly, the police may ensure that the situation remains peaceful and safe for all involved while he collects his belongings, especially following a reported incident. It’s standard... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can investing in the Yellowstone club work as a eb5 investment
James L. Arrasmith
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answered on Mar 21, 2024

Investing in the Yellowstone Club could potentially qualify as an EB-5 investment, but this depends on several critical factors. The EB-5 program requires that the investment leads to the creation of at least 10 full-time jobs for U.S. workers. The investment also needs to meet the minimum... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for New York on
Q: How are judgements in Housing Court dispersed?

I lived without heat and hot water for almost two years, won judgements against Housing Preservation Department (HPD) and my landlord. At this point, I want to leave. Can I use part of the judgement to move? I can't list everything that's going on, as it is quite extensive. Please advise.

James L. Arrasmith
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answered on Mar 21, 2024

Judgments in Housing Court, once awarded, can often be used by tenants for various purposes, including covering expenses incurred due to the landlord's failure to maintain the property. This could include reimbursement for past expenses or to address issues like lack of heat and hot water.... View More

2 Answers | Asked in Education Law and Intellectual Property for New York on
Q: Access Rights to Professional Archive

I am currently writing a book about a scholar who passed away three years ago. This individual was a professor at a state university and a well-known public figure worldwide. On the website of his foundation, there is a list of all the lectures he delivered across the globe. I requested access to... View More

Alan Harrison
Alan Harrison
answered on Mar 21, 2024

When you ask for specific cases or legal rules on an abstruse issue like this, you are asking an attorney to do a couple hours of work for free. That is not an attractive ask.

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2 Answers | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Family Law for New York on
Q: What is the likelihood of appellate court obtaining jurisdiction in a custody case if judicial misconduct is proven?

I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More

James L. Arrasmith
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answered on Mar 21, 2024

If judicial misconduct is proven and relevant to your case, it could significantly impact the appellate court's decision to obtain jurisdiction. Courts take claims of judicial misconduct seriously, especially if they affect the fairness and integrity of the legal process. However, proving... View More

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can a copy of transcripts of previous proceedings be used as evidence exhibit/reference in response/answering papers?

Can i use what was said on the record in a previous hearing of my case? The relevance is what opp counsel stated in their affirmation or lack thereof and what was said on the record are conflicting. I’ve already paid for & received the transcripts; writing response papers i have cited the... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 21, 2024

The short answer to your question is yes they may be used as exhibits

0 Answers | Asked in DUI / DWI for New York on
Q: What does case closed due to lamb mean?

Had a hearing with the dmv due to allegations of denying a alcohol breathalyzer and or blood test

1 Answer | Asked in Banking for New York on
Q: Stripe has held my funds for 90days - can my lawyer send them a legal complaint even if their agreement allows it

What legal action can I take?

James L. Arrasmith
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answered on Mar 25, 2024

If Stripe has held your funds for 90 days and you believe this is unjustified, it's understandable that you would be concerned and consider taking action. Yes, your lawyer can send them a legal complaint regardless of the agreement's terms if they believe there are grounds for dispute.... View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: I busted a senior support magistrate who withheld vital evidence and aided in a 32000 dollar fraud on the courts and me

this happened in Suffolk County NY I have all the evidence and now the courts are going out of there way to cover this up. I am a disabled person with a TBI and I live out of state

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

There is no question here. There is nothing to say.

1 Answer | Asked in Consumer Law, Banking and Business Law for New York on
Q: How do I remove a delinquent/ charged off business credit card from my credit file for good?

My last payment on the credit card was 4/2020. I never made another payment because they closed my account. They recently updated it to a charge off on my credit report around 09/2023. Since this is a business credit card, how can I dispute it to be removed from my personal credit report for good?

James L. Arrasmith
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answered on Mar 20, 2024

First, check whether the business credit card was indeed under a personal guarantee. If it was, the delinquency could rightfully appear on your personal credit report. However, if the card was strictly under the business's name without any personal guarantee, you might have grounds to dispute... View More

1 Answer | Asked in Entertainment / Sports for New York on
Q: How much would it cost to patten a modification to the game of pickle ball?

In Ny state

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

It looks like your question may involve intellectual property issues - that could be why it remains open. Not all questions are picked up here, but you could repost and add Intellectual Property categories for better chances of a response. Good luck

0 Answers | Asked in Entertainment / Sports for New York on
Q: Then, how did this person managed to claim a patent on a game played for the last 20 years since 1956 around the world.

Application number 18/088757. Publication , number 20230201672 claimed a patent on this game in the year, 2023.

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