New York Questions & Answers by Practice Area
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New York Questions & Answers
Q: Can i still get a lawyer
Timur Akpinar's answer
Based on the facts here, it’s hard to tell if you entered into finalized settlement terms for the $500 you mention. Speaking with a personal injury lawyer would at least enable you to have your case assessed to determine what your options are, and learning about deadlines and statutes of limitations within which you need to act to preserve your legal rights. It sounds like speaking with a disability lawyer would also be helpful in learning your options regarding Social Security...
Based on the facts here, it’s hard to tell if you entered into finalized settlement terms for the $500 you mention. Speaking with a personal injury lawyer would at least enable you to have your case assessed to determine what your options are, and learning about deadlines and statutes of limitations within which you need to act to preserve your legal rights. It sounds like speaking with a disability lawyer would also be helpful in learning your options regarding Social Security...
Q: How Can I change the name that is on my trademark
T. J. Jesky's answer
This easiest way to change the name on the trademark from your name to a business name is to fill out and submit a Assignment Form to the trademark office. The form will allow you to assign your rights to your business. It seems that you have a trademark lawyer. Ask the lawyer to file the assignment form on your behalf.
This easiest way to change the name on the trademark from your name to a business name is to fill out and submit a Assignment Form to the trademark office. The form will allow you to assign your rights to your business. It seems that you have a trademark lawyer. Ask the lawyer to file the assignment form on your behalf.
Q: My brother passed. No will. Wife of less than a year already filed papers swearing of no living relatives to him.
Michael David Siegel's answer
His wife is next of kin. She controls all property. You need to ask her. You have no legal rights.
His wife is next of kin. She controls all property. You need to ask her. You have no legal rights.
Q: Can I accuse a person of sexual harassment, even if I don't work with them?
Charles Joseph's answer
Employers have a responsibility to prevent sexual harassment. A coworker, a supervisor in another area of the company, or even a non-employee, like a vendor, can be the perpetrator. You can read more about the laws that protect you from sexual harassment at https://www.workingnowandthen.com/new-york-sexual-harassment/. If you think you have been the victim of sexual harassment, you should contact an experienced employment attorney.
Employers have a responsibility to prevent sexual harassment. A coworker, a supervisor in another area of the company, or even a non-employee, like a vendor, can be the perpetrator. You can read more about the laws that protect you from sexual harassment at https://www.workingnowandthen.com/new-york-sexual-harassment/. If you think you have been the victim of sexual harassment, you should contact an experienced employment attorney.
Q: Is it legal that landlord doesn’t give me proper room?
Salim U. Shaikh's answer
More details required to render a specific advice. Did you sign a lease agreement? Did LL specify that room which was going to be vacated and occupied by you as promised by LL? Personal privacy and convenience is utmost important when one hire a room. You are advised to discuss this matter with LL esp. in light of his commitment and delayed vacation of that room which was leased and paid by you.
If LL is undergoing certain set backs he must relocate you to a place of your...
More details required to render a specific advice. Did you sign a lease agreement? Did LL specify that room which was going to be vacated and occupied by you as promised by LL? Personal privacy and convenience is utmost important when one hire a room. You are advised to discuss this matter with LL esp. in light of his commitment and delayed vacation of that room which was leased and paid by you.
If LL is undergoing certain set backs he must relocate you to a place of your...
Q: when i bought my house i was told that the seller paid the transfer tax. now i received a bill for the transfer tax.
Michael David Siegel's answer
It should have been a closing document. You should have a title bill and payment to title company.
It should have been a closing document. You should have a title bill and payment to title company.
Q: Are there any laws codified about government contracts' regulations? Where would I find them?
Timur Akpinar's answer
New York State Empire State Development has a section on its website for government contracting resources. They might be a practical starting point for information about New York statutes and regs. They have offices in New York City, Albany, and Buffalo. On the federal level, the GSA (General Services Administration) might have information regarding government contracts.
New York State Empire State Development has a section on its website for government contracting resources. They might be a practical starting point for information about New York statutes and regs. They have offices in New York City, Albany, and Buffalo. On the federal level, the GSA (General Services Administration) might have information regarding government contracts.
Q: How would creating a lifetime revocable trust allow me to avoid probate?
David Lacher's answer
No probate is required for trust-owned/trust-titled assets. The trustee is responsible for distributing those assets in accordance with the terms of the trust, without separate court permission, without separate waivers or consents from any third parties, and without additional separate authority needing to be granted to the trustee. But the main point is, the mere creation of such a trust accomplishes nothing by itself. Once the trust is created, all the individuals’s assets must be...
No probate is required for trust-owned/trust-titled assets. The trustee is responsible for distributing those assets in accordance with the terms of the trust, without separate court permission, without separate waivers or consents from any third parties, and without additional separate authority needing to be granted to the trustee. But the main point is, the mere creation of such a trust accomplishes nothing by itself. Once the trust is created, all the individuals’s assets must be...
Q: Who do I report an incidence of identity theft to in New York? My city? Or some higher-up entity?
Michael David Siegel's answer
The police, and any company impacted like your bank, etc. Also, put a fraud alert on your credit report.
The police, and any company impacted like your bank, etc. Also, put a fraud alert on your credit report.
Q: I have to work during my court date - what should I do?
Michael Arbeit's answer
If it is a traffic ticket, you can hire an attorney to go and you do not have to appear. If it's a criminal matter, you must appear. Any questions, call me at (516) 766-1878. -Mike.
If it is a traffic ticket, you can hire an attorney to go and you do not have to appear. If it's a criminal matter, you must appear. Any questions, call me at (516) 766-1878. -Mike.
Q: I was evicted and didn't have enough time to get all my belongings my landlord says it's not there
Elaine Shay's answer
In New York City, the Marshal conducting an eviction takes an inventory of property at the premises and the landlord is responsible for the property for a reasonable amount of time after the eviction. If the landlord refuses access to retrieve these items, the tenant can bring an Order to Show Cause requesting limited access for this purpose. The landlord can be held responsible for damages resulting from the failure to return inventoried property.
In New York City, the Marshal conducting an eviction takes an inventory of property at the premises and the landlord is responsible for the property for a reasonable amount of time after the eviction. If the landlord refuses access to retrieve these items, the tenant can bring an Order to Show Cause requesting limited access for this purpose. The landlord can be held responsible for damages resulting from the failure to return inventoried property.
Q: city owned home that I have filed a notice of claim against due to damage caused to my home has been sold
Michael David Siegel's answer
The notice of claim is not a lien. You have no claim against the new owner or property. Your money claim against the city survives but must timely be turned into a lawsuit.
The notice of claim is not a lien. You have no claim against the new owner or property. Your money claim against the city survives but must timely be turned into a lawsuit.
Q: Can real property be transferred intestate (death 5 years prior) by surviving issue without probate to one issue?
Michael David Siegel's answer
A quitclaim deed is not the way to go, but if all issue sign a proper deed, you can do it without probate or administration.
A quitclaim deed is not the way to go, but if all issue sign a proper deed, you can do it without probate or administration.
Q: John owned a home with his father in law as joint tenants iN common. His father in law died, no will, And then john died
Michael David Siegel's answer
It depends on the language of the deeds. Without reviewing anything, your latter analysis seems correct.
It depends on the language of the deeds. Without reviewing anything, your latter analysis seems correct.
Q: As a boat owner, what are my legal obligations to guests on my boat if they slip and fall?
Michael H. Joseph's answer
If they slip because of a dangerous condition, you could be held liable under the General Maritime Law. You should be aware that maritime law has recognized the lack of non-skid paint aboard a vessel to be a dangerous condition, since it is forseeable that the walking surfaces will get wet.
If they slip because of a dangerous condition, you could be held liable under the General Maritime Law. You should be aware that maritime law has recognized the lack of non-skid paint aboard a vessel to be a dangerous condition, since it is forseeable that the walking surfaces will get wet.
Q: Is there a way to find out if there's a medicaid recovery claim against my mother's estate?
Michael David Siegel's answer
Generally, Medicaid only makes a claim if there are assets. As no estate was ever formed, Medicaid would assume no recovery. There is no statute of limitations on the claim, if you form an estate for some reason. If there were never any assets, forget it.
Generally, Medicaid only makes a claim if there are assets. As no estate was ever formed, Medicaid would assume no recovery. There is no statute of limitations on the claim, if you form an estate for some reason. If there were never any assets, forget it.
Q: Is the landlord responsible to move tenant furniture out of a room that needs ceiling repair or does the tenant?
Elaine Shay's answer
In large part, the rights and obligations of a tenancy are controlled by terms set forth in the lease. Most leases provide that tenants will cooperate in permitting necessary repairs and that can be interpreted to include moving furniture. Most landlord's are reluctant to move a tenant's furniture for fear of claims of damage to the property.
In large part, the rights and obligations of a tenancy are controlled by terms set forth in the lease. Most leases provide that tenants will cooperate in permitting necessary repairs and that can be interpreted to include moving furniture. Most landlord's are reluctant to move a tenant's furniture for fear of claims of damage to the property.
Q: A used car dealer marked the price of the car up after I signed the contract, is this legal?
Michael David Siegel's answer
If you signed it at the higher price you are going to have a hard time undoing it. If they wrote in the new number after you signed that is illegal, but unless you have a copy with a different number, you will have issues.
If you signed it at the higher price you are going to have a hard time undoing it. If they wrote in the new number after you signed that is illegal, but unless you have a copy with a different number, you will have issues.
Q: What is the timeline for vacating a residence where I am the sole caregiver for my parent with dementia after he is gone
2 Answers
| Asked
in
Family Law, Real Estate Law, Elder Law and Landlord - Tenant
for
New York
on
Answered on Sep 19, 2018
Answered on Sep 19, 2018
Michael David Siegel's answer
It depends on your father's will, if any, and who gets the house after he is passed. You will have time to move, as you would have to be evicted like any holdover tenant in court, in the worst case scenario.
It depends on your father's will, if any, and who gets the house after he is passed. You will have time to move, as you would have to be evicted like any holdover tenant in court, in the worst case scenario.
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