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1 Answer | Asked in Estate Planning and Probate for New York on
Q: Can the executor an the estate remove ALL items from the decedent's home without permission of the other beneficiaries?

The executor of the estate, who is also a beneficiary has removed "all" personal items of the decedent from the home. The executor was given the home in the will. The other two beneficiaries were not given an opportunity to go through any of their father's personal items, furniture,... Read more »

Gary Lane
Gary Lane answered on Nov 23, 2020

Yes, they should sue. The Executor is not authorized on their own to do this. They should be communicating with the other beneficiaries. Yes, this certainly could be grounds to have them removed and replaced.

1 Answer | Asked in Traffic Tickets and Estate Planning for New York on
Q: Was issued a speeding ticket while in city employee uniform & showed bandg. I work in the security deptmt of the MTA

Can I get the ticket dismissed as a city employee?

Tim Akpinar
Tim Akpinar answered on Nov 23, 2020

It could be worth discussing in more detail with an experienced traffic ticket attorney. Overall, there is a high level of positive sentiment and appreciation toward public transportation employees because of the risks they face in providing all of us with vital services 24/7 and keeping the City... Read more »

1 Answer | Asked in Family Law for New York on
Q: My babymother got into a altercation and she hit me from behind, I turned around and slapped as a reflex. What should Do

She’s threatening to get a order of protection against, sending me to jail and is not letting me see my child

Howard E. Knispel
Howard E. Knispel answered on Nov 23, 2020

If she hit you, you can file for an Order of Protection against her, and file for custody.

1 Answer | Asked in Trademark for New York on
Q: Hey! Would i be Able to add another pseudo name? I found A company in Pennsylvania trying to use my trademark name.

I would like to send a cease and desist form

Allison Higgins
Allison Higgins answered on Nov 23, 2020

Hi there. This is impossible to answer without more information. I highly suggest contacting a trademark attorney directly to speak about your specific situation. Feel free to reach out if you would like to discuss your case.

1 Answer | Asked in Business Law, Copyright and Intellectual Property for New York on
Q: copyright laws for digital magazine

i’m looking to create my own digital magazine. Some of the pages would consist of work from other people and they would be credited of course but i’m just thinking ahead to when I’m ready to monitize the magazine. Currently I would not be paying other people to contribute nor would I charge... Read more »

Allison Higgins
Allison Higgins answered on Nov 23, 2020

Just because you credit an author does not mean you can use their work, even if you are not selling the magazine. This could very easily get you in trouble for copyright ingrinment and get a DMCA notice. You would need to get permission from each author to post their work in your magazine.... Read more »

3 Answers | Asked in Immigration Law for New York on
Q: What's the 1st step to getting a fiance to America

I have been dating my fiance for a while now. And we really want her and her 3 year old son to come to NY to live with me and my 3 year old daughter. What's the 1st step for someone like me who doesn't have a whole lot of money.

Robert Roy Klein
Robert Roy Klein answered on Nov 22, 2020

File an I-129F to get a fiancée visa, and among the documents to include, you must show an intention to marry within 90 days of her arriving in the US. You must then marry within the 90 days.

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1 Answer | Asked in Gov & Administrative Law for New York on
Q: I found a bond that was my grandfather-in-law. How can I tell if it's worth something?
Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

A financial advisor, or other investment professional might be more familiar with this area than a Government and Administrative Law attorney. Until you locate a financial/investment professional for meaningful guidance, there are some online tools out there for computing bond value. If you could... Read more »

1 Answer | Asked in Divorce for New York on
Q: Hello. I live in NYC and am separated, not legally separated, from my wife for about 2 1/2 years.

We have no children and the only assets in question are my pension and deferred compensation plan. She has worked full time the entire time we have known each other.

I can't now, or in the near future , afford to hire an attorney to represent me in a divorce procedure. I have done some... Read more »

Kevin Abessi
Kevin Abessi answered on Nov 21, 2020

Here's one of the places you can begin your search:

In addition, law schools have law clinics that may take divorce clients.

Ultimately, though, if you're working and...
Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: My father has land in Puerto Rico. I am going to purchase his part of the land. My dad has the deeds of the property.

The property has not been divided as of yet. My dad gave me his portion of his land. I want to purchase it . How do I do this. He lives in Florida, I live in NY.

Elaine Shay
Elaine Shay answered on Nov 21, 2020

Since the laws differ by State or Territory and the land in in Puerto Rico, you're question would be better directed to a legal practioner in Puerto Rico.

2 Answers | Asked in Landlord - Tenant for New York on
Q: What can I do if my Mother, the landlord of a residence, used self help eviction tactics against me ? In NYS.

My Mother abandoned the house and relocated. Stopped paying the mortgage as well. Bought herself a new condo. My family and I are living in the home currently. There's a forebearance on the house, which I haven't found out since October 2020. There's utilities that aren't... Read more »

Victor M. Feraru
Victor M. Feraru answered on Nov 21, 2020

I'm not sure you'd be successful on the distress part. However, depending on whether you've been paying rent, you may be considered a tenant and can sue to have the utilities turned back on. You need an attorney, now!

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3 Answers | Asked in Landlord - Tenant for New York on
Q: landlord is selling the house I live in she is trying to let people come in our house to look around we are in Buffalo

New York and are in closing for COVID-19

We have told her no but now her realtor is saying he’s coming in anyway what can I do

And my landlord lives in Germany

Victor M. Feraru
Victor M. Feraru answered on Nov 20, 2020

So you can definitely hold out and negotiate with the landlord to be bought out. My office deals with these kinds of matters all the time. The landlords will have to evict you if they want you out without buying you out. Consult an attorney!

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Title company found my moms maiden name on the title and she has since passed but I’m trying to sell it, what can I do?

My mom passed over a year ago and we had the deed set up as joint tenants with right of survivorship. The title company just notified me there is no evidence of her passing since she was married and her death certificate states my step dads last name. Is there any way to avoid probate and prove to... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 19, 2020

A copy of the marriage certificate should be sufficient proof of the name change. This would require communication with the title company to determine what else is concerning it.

1 Answer | Asked in Criminal Law, Civil Litigation, Social Security and Wrongful Death for New York on
Q: Can I sue my brother in law for assaulting me( about 12 years ago plus).

He tried to kill me fractured my Tibia Fibia. He was going for my head he damage my left elbow (as I cover up). He came in defense of his sister my wife. And began battering me with his bat. However, I was charge with domestic violence after I woke up from a coma. When I woke up I was told I was... Read more »

Peter Wade Kolp
Peter Wade Kolp answered on Nov 19, 2020

Short answer is no.

Like many states, New York’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:

five years for felony...
Read more »

2 Answers | Asked in Divorce for New York on
Q: how do I begin asking for a divorce. My husband has been verbally abusive for a long time now and I have had enough. I w
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 19, 2020

The best course of action is to have a consultation with an attorney and then retain one to guide you through the process and file all the necessary papers with the court and represent at all stages of the proceedings. You do not need your husbands agreement or permission to start a divorce.

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1 Answer | Asked in Workers' Compensation for New York on
Q: Personal insurance on workers comp case

Good morning,

I has an accident on the job site and the medical assistance on the emergency room, cirgury and hospitalization was charged to my personal insurance, it happens two months ago and now I'm whit workers comp, what is the best way to put everything on order ?? Thanks

Tim Akpinar
Tim Akpinar answered on Nov 19, 2020

This is really something that an experienced workers' comp attorney would know the most about, but you await a response for two weeks. If you are represented by an attorney, bring it to their attention. If the accident involved a third-party claim (where a personal injury attorney is involved,... Read more »

1 Answer | Asked in Family Law for New York on
Q: my child has court ordered visitation with his paternal grandmother but has been causing alot of confict with my family

i want to stop visits from happening because of some important issues we have been facing regarding toxic enviorment and my son doesnt like going with her but im forced to send him i dont know where to start with ending her visits

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 19, 2020

Since there is a court order, you need to see an attorney to go over all of the circumstances that led to the court order and the change that has occurred.

1 Answer | Asked in Constitutional Law for New York on
Q: How do I invade a house in Puerto Rico?

My father passed away and I became one of the inheritors of the house but the other inheritors and I haven't totally abandoned I try my best to work with my brothers and sisters the other inheritors and his wife no one wants to budge so now I'm thinking about invading putting the property... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

I'm sorry for the loss of your father. In terms of seeking out attorneys who could assist you, this isn't really a constitutional law matter. You need to reach out to attorneys in the Probate and Estate Planning sections, or you could repost under those sections. Speak with an attorney... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: I have a tenant in Niagara Falls, NY with no loss of income who has only paid rent once since March 2020.

Do I have any recourse? Its November, 2020. I have not received rent since March. The tenant has no loss of income.

Toshinori Isoai
Toshinori Isoai answered on Nov 18, 2020

More information and factual backgrounds will be needed to better answer your question.

It appears to be unusual for an owner/landlord to wait this long. It's almost 8 months since the last payment. You will probably need to commence an eviction proceeding in the local court that has...
Read more »

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1 Answer | Asked in Workers' Compensation for New York on
Q: Can you revisit a WC case that has been incorrectly handled after more than 30 days?

I injured myself at work and didn't push them to file WC due to being concerned I would lose my job. I paid almost $10k out of pocket in lost wages and Dr's bills. I returned to work and have re-injured my knee. Can I go back and do anything to recoup lost monies? What about filing now?

Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

You could reach out to one of the workers' comp attorneys here (you could locate firms closest to the Mount Kisco area) under the Find-a-Lawyer tab, or you could reach out to firms you find on your own. Ask the firms you contact if they offer free initial consults to briefly discuss what took... Read more »

2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for New York on
Q: How can I buy a land For my will be shareholder of the new company..

Hi everyone..I am planning to buy a land (its in the commercial zone) for my 2 kids..I want them to be owner of the property..The problem is they are just kids, 5 and 7 years old..and I divorced long time ago.. I have joint custody with my kids are not living with me..My ex has the physical... Read more »

Michael H. Joseph
Michael H. Joseph answered on Nov 17, 2020

Probably, creating a family trust is the best option to suit your needs.

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