New York Questions & Answers

Q: Does a contract have to be written to be valid?

1 Answer | Asked in Contracts for New York on
Answered on Dec 15, 2017

Definitely not. The issue is proving the terms.
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Q: My dad just passed. My sister and I are willed equal amounts in his will incl 60k equity . Do we need to go Probate

2 Answers | Asked in Probate for New York on
Answered on Dec 14, 2017

Any will has to go through Probate.

Unfortunately it’s the only way to handle it.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com
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Q: First time ever getting into trouble it's a petty larceny charge. What will happen when i go to court?

1 Answer | Asked in Criminal Law for New York on
Answered on Dec 14, 2017

Your attorney will likely be able to get the charge reduced, but it may depend on the value of the item that you are accused of taking. You should contact an attorney directly to discuss the specifics of your case.
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Q: As a volunteer working at an animal refuge in NYS, do you have any rights when it comes to living conditions and health?

1 Answer | Asked in Animal / Dog Law and Employment Law for New York on
Answered on Dec 13, 2017

You are asking a human habitation or housing question.

Call local building inspectors - whoever inspects or issues building or renovation permits. Is the building zoned residential and does it have CO, certificate of occupancy for human habitation?

Local building inspectors can inspect any facility being occupied by humans for compliance with minimal requirements. Does it meet whatever the minimums are. Higher taxes generally equate to higher standards - not always....
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Q: Can my 18 month old son who is born in the US re enter the US permanently on a UK passport using ESTA?

1 Answer | Asked in Immigration Law for New York on
Answered on Dec 13, 2017

He certainly should be able to reenter the US on a UK passport, and since he was born in the US, he’s a citizen and can live there. We assume that you will be traveling with him, and we recommend that do what is necessary to help him get a US passport while you are in the country or, alternatively, you can sign a form called a Statement of Consent (DS-3053) which would provide your permission for your son’s mother to obtain your son’s passport on his behalf without you actually being...
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Q: i got a cell phone ticket in Aug, hired a lawyer, paid her, no response yet. Nothing from court, is it on my record yet?

1 Answer | Asked in Traffic Tickets for New York on
Answered on Dec 13, 2017

This is a very serious allegation. Contact the bar association.
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Q: Speeding ticket. Mail in to amend infraction. Should i put a reason down why i want it reduced?

1 Answer | Asked in Traffic Tickets for New York on
Answered on Dec 13, 2017

The only place to put a reason on the ticket is in the plea of guilty. You don't want to do that.

Please not guilty and go into court to work out a deal on a conference date, or go to trial.

You can also send an attorney.
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Q: I got married while here with a visitors visa. I go back home at the end of the month and My husband will sponsor me.

1 Answer | Asked in Immigration Law for New York on
Answered on Dec 13, 2017

Yes it may. Did you leave already? You are encouraged to consult with an immigration attorney at the earliest. Congratulations!
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Q: If I have a job that will start in June 2018 and sponsor the GC. What is the earliest time that I can start the process?

1 Answer | Asked in Immigration Law for New York on
Answered on Dec 13, 2017

You can start the process before starting employment as long as there is a valid job offer. Your company will likely need to work with an immigration attorney and he or she will be the best to advise you on all the steps. Congrats on the new job!
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Q: I have a pricing agreement with Buyer. Customer A(of Buyer) asked us if we can sell to them directly? Can we?

1 Answer | Asked in Business Law and Contracts for New York on
Answered on Dec 13, 2017

Ref your question. From the contents of your question, there appears that you only have a Pricing Agreement with Buyer X that does not prohibit you to sell to any other buyer other than X. That very agreement binds you to the extent of its contents only i.e. pricing. That means you are free to sell directly or indirectly to any buyer.
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Q: Is real property included in estate?

1 Answer | Asked in Estate Planning for New York on
Answered on Dec 13, 2017

It depends on the language of the deed.
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Q: Can I withhold rent if landlord took 14 days to replace a boiler and I had no hot water or heat in December?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Answered on Dec 13, 2017

You cannot withhold rent without a court order. You should have called 311 for an emergency repair when it happened.
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Q: What issues do I face living in a house whose deed is under my deceased great grandmother? What are my options?

1 Answer | Asked in Real Estate Law, Contracts, Landlord - Tenant and Small Claims for New York on
Answered on Dec 13, 2017

I think I responded to you already, maybe on another site. You have many issues to deal with, and time is not on your side. There is no cheap way out of this as clearing title is a formal process.
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Q: I am filing for my husband and i need a joint sponser.. Can a joint sponser owe IRS back taxes.

1 Answer | Asked in Immigration Law for New York on
Answered on Dec 12, 2017

Every case is unique, but if the sponsor has a sufficient steady source of income or has assets in a sufficient amount, owing back taxes in and of itself should normally not be a problem. USCIS is normally interested in the amount of income that a sponsor is earning and how many people he or she is obligated to support, not the amount of liabilities that the person might have.
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Q: What to do if my employer wanted me to denied the I hurted my self at work but I didn't I said the truth to the doctor

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Workers' Compensation for New York on
Answered on Dec 12, 2017

You need to speak with a member of the Texas Trial Lawyers Assn who handles employment law issues. They give free conslts.
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Q: Can two sole proprietors (not married) operate under a single Certificate of Assumed Name without becoming partners?

1 Answer | Asked in Business Law for New York on
Answered on Dec 12, 2017

Partnerships can be formal, or implied. Under your scenario, I think partnership is implied. Set up a corporation and do a shareholder agreement to express what your issue is.
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Q: I've been being sexually harassed by a coworker but my workplace won't do anything about it. My boss says sexual

1 Answer | Asked in Sexual Harassment for New York on
Answered on Dec 11, 2017

Call us. Your boss is wrong.

New York State Law applies to 1 employee for sex or gender claims as of last year.

Also prevailing party gets their attorneys fees paid by the loser under state law. Make the call. Retain legal counsel.
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Q: 1 officer issued me 3 tickets. Bad back light, speed 74 on 55 and no hard copy license. total $1100. What my opitions?

1 Answer | Asked in Traffic Tickets for New York on
Answered on Dec 11, 2017

The strategy and process depends on the court. Where are these tickets filed?
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Q: I have a speeding ticket in nyc, Ny licensed Driver I’m in the process of moving to California, will I have to come back

1 Answer | Asked in Traffic Tickets for New York on
Answered on Dec 11, 2017

If you want to fight the ticket yourself you will need to come back for the hearing. If you hire an attorney to fight your ticket you don't have to come to the hearing.
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Q: What can someone do about financial services who is undocumented and came through Canada to this country

1 Answer | Asked in Employment Law and Immigration Law for New York on
Answered on Dec 11, 2017

Your client needs to speak to an immigration attorney. Depending on her country of origin and /or situation she may have options.
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