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1 Answer | Asked in Estate Planning and Probate for New York on
Q: Do I have to pay 65% of the will's expenses because I am the beneficiary of 65% of the residuary estate? New York law.

The executor of my mother's estate says that estate expenses come out of the residuary estate, and since I'm the beneficiary of 65% of the residuary estate (and my brother is beneficiary of 35% of the residuary estate) that the estate expenses will have to be paid 65% by me and only 35%... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 25, 2020

Any estate expenses are paid before distributions. I’m not sure what you mean by will’s expenses.

1 Answer | Asked in Real Estate Law for New York on
Q: what are the pros & cons of doing a joint tenancy vs common tenancy house deed (adding four kids to parents deed evenly

Four kids will inherit house after parents last away evenly (25% each ) we are updating the deed and was asked whether it’d be joint v common tenancy

Elaine Shay
Elaine Shay answered on Sep 25, 2020

Your question raises a number of important issues. If the parents add the children to the deed with them as owners, each of the children would acquire a present interest in the property. Assuming two parents and four children on the deed, each would be presumed to own 1/6 of the property unless... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Received a severance agreement from my employer. Will signing agreement impact my ability to apply for unemployment?
Charles Joseph
Charles Joseph answered on Sep 25, 2020

It depends.

You are not eligible to receive unemployment benefits if you are receiving dismissal/severance pay at a rate that equals or exceeds the maximum weekly unemployment insurance benefit rate.

However, if your weekly severance payments are less than the maximum unemployment...
Read more »

2 Answers | Asked in Immigration Law for New York on
Q: For marriage green card/adjustment status, do I need I-944? I entered as F1visa and married wit’s US Citizen.
Stephen Arnold Black
Stephen Arnold Black answered on Sep 25, 2020

Yes just two weeks ago on September 11, 2020 the federal court lifted the injunction that was in place because of Covid and therefore all people that are filing their applications after February 24, 2020 must file the 944 form.

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1 Answer | Asked in Collections for New York on
Q: Can my mother be served paperwork for me? It is medical bills in collection I obtained as an adult.
Michael David Siegel
Michael David Siegel answered on Sep 25, 2020

Not if you do not live with her. But, collection agents use the address they have for you, which might be that address. Do not ignore a summons. It is easier to deal with it upfront than to vacate a default judgment.

1 Answer | Asked in Personal Injury for New York on
Q: Denied short term disability, what should I do?

I was injured at my previous employment a few months ago. I sought medical treatment, but never went to therapy to fully heal. I started a new job and the injury flared up since the new job is more labor intense. New job offered to put me on short term disability while I go to therapy since they... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 24, 2020

If the injury occurred during the course of employment, you could reach out to a workers' comp attorney and discuss the matter with them in greater detail. Good luck

Tim Akpinar

1 Answer | Asked in Employment Law for New York on
Q: Is it legal for a company to avoid NYC minimum overtime exempt salary requirements by having an out of state address?

The company has an address in CT and rents office space in Manhattan where their NYC employees report to. Salaried employees get paid $25-$40K per year and do not get paid overtime. Employer rationale is that they are not a NYC employer because they're based in CT.

V. Jonas Urba
V. Jonas Urba answered on Sep 23, 2020

Sounds ridiculous.

Every employer who does business in New York State must comply with New York State's Labor Laws. Any employer who does business in New York City must comply with both New York State's and New York City's Labor Laws.

No full time employee earns less...
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1 Answer | Asked in Gov & Administrative Law and Products Liability for New York on
Q: We would like info on liability waivers concerning Covid19 for our church, Hopps Memorial.We are thinking of reopening

The building around the first of the year.

Thank you

E

Tim Akpinar
Tim Akpinar answered on Sep 23, 2020

The format of this board could make it difficult for an attorney to contact you. This is more a question and answer board than a referral service - if you want to hire an attorney or arrange a consult, you could reach out to the attorneys here (Find-a-Lawyer tab above), or ones you find in your own... Read more »

1 Answer | Asked in Employment Law for New York on
Q: As a job seeker, can I sue an employer who posts a discriminatory job posting?

I've encountered over a dozen so far. They ask for female _____ or a black or latinx _____ directly, for example. Some just say "preference for African American".

How the hell is this legal?

Is there no legal way to stop this blatant discrimination.

If I can... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 23, 2020

There certainly is. You copy the posting everywhere you find it. Then you apply for the position. If you meet the posted qualifications and you are not hired you have a claim.

FYI. There are professional plaintiffs out there who look for discriminatory postings around the country and...
Read more »

1 Answer | Asked in Health Care Law for New York on
Q: My father is in a hospital and has had several falls out of bed trying to get himself out of bed, I wasn't notified.

My father told me of both situations I discussed my being mad about not getting notified yet again. Called this morning and my father had been moved to a different part of hospital and wasn't informed that either

Tim Akpinar
Tim Akpinar answered on Sep 23, 2020

I'm sorry for your ordeal. If you reach out to attorneys to discuss this in greater detail, a primary question that will arise is whether your father was injured. I hope your father did not sustain injury, but how an attorney proceeds with such a matter could hinge largely on that. Good luck... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: Wanted to terminate my lease earlier because of financial hardship due to COVID -19!

Due to the pandemic, I experience financial hardship. I tried to negotiate the rent but the landlord won't assist on that matter except using their hardship program which we did use the deposit to pay the month of September rent. I was looking at different alternatives and also to terminate my... Read more »

Elaine Shay
Elaine Shay answered on Sep 23, 2020

When you sign a lease you are entering into a contract. The landlord is promising to rent you space for a specific use and a specific period of time. Likewise, the tenant is promising to rent a particular space for a specific use for a specified period of time. Unless there is a clause in the... Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: My mother would like to give me 3 acres of her 11 acre property so I can build a cabin. Tax implications?
Michael David Siegel
Michael David Siegel answered on Sep 23, 2020

None, really. But you need to do a subdivision to create a tax lot.

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3 Answers | Asked in Lemon Law for New York on
Q: I've been scammed on facebook market what should I do?

A person sold me a terrible car claiming it drives good and was a good a to b car, on the way home the car started overheating and stopped and smoked in the middle of the highway, I called and texted him and he blocked me, later that night I went on facebook and seen that he knew the car engine was... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 22, 2020

I would need to know more detail about the car and your agreement when you bought the car. You cannot get the guy arrested based on the facts you present. The woman you spoke to at the house doesn’t dictate whether you can sue. You don’t need to wait a year. Again, I would need more details... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: How do I get the month-to-month tenant out of a house I’m buying in NYS, so I can move in?

The tenant has no written lease with the home seller, who has neglected to tell the tenant they have to leave due to the sale of the property. How can I move in to my new home, if the tenant won’t move out?

Victor M. Feraru
Victor M. Feraru answered on Sep 22, 2020

You can’t. You have a lot of issues you’ll need to address, here. This is highly fact dependent. There are a number of solutions and drawbacks. This is something you’re going to want to address now in order to get the ball rolling (although Covid is slowing things down). Feel free to give... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: if I have a roomer that gives me a thirty day notice how long do I need to keep his belongings for him

the roomer signed a lease which states roomer may give 30 days notice but must pay for the following month ie if you give notice aug 5 you are still responsible for sept rent and chooses not to be here how long do i need to hold physical belongings i asked him when i would be getting rent he said... Read more »

Elaine Shay
Elaine Shay answered on Sep 22, 2020

When you rent a room, you effectively become a "landlord" and are required to take the same steps as any landlord to evict a "tenant". Therefore, it is not a matter of when you can throw out someone's belongings after service of a 30 Day Notice but when you can commence a... Read more »

1 Answer | Asked in Trademark for New York on
Q: Is a signed settlement and trademark licensing agreement without it being stamped is valid and enforceable under NY law?

I come across one settlement and trademark licensing agreement ("STLA") that is governed by the New York, United States law whereby it is signed by both the Licensor and Licensee but it was not stamped. I am not sure what are the formality / pre-requisite for a STLA to be valid and... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 22, 2020

Generally if both parties sign, the contract will be enforceable. What do you mean by "stamped"? Feel free to reach out with any questions.

-Tim

1 Answer | Asked in Trademark for New York on
Q: Is Burnin' Bush available for trademark

Or this

Timothy John Billick
Timothy John Billick answered on Sep 22, 2020

There are no federal trademark applications for this name. But without doing a full search, you should know it is possible someone could be using it without a federal registration. Feel free to drop me a line if you'd like to discuss further!

-Tim

1 Answer | Asked in Employment Law for New York on
Q: I’m a gay male. My yearly salary is $3-6K (5-10%) less than my 2 female counterparts. Do I have a potential EPA case?

The company I work at is majority female run. My department head is female, my manager is female, and my counterparts are female. All HR personal are female. My title is the same as my female counter parts, as are my roles and responsibilities. My effort and performance is on par or better, and I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 22, 2020

Maybe. Your sexual orientation or identity makes no difference regarding the application of federal or state laws. You should discuss this issue with some employment lawyers in confidence. There are many different ways to approach it. Skilled employment lawyers may be able to help you.

1 Answer | Asked in Real Estate Law for New York on
Q: If a house is built in 1906, should we as the buyers get a lead paint inspection prior to home purchase?

Is this necessary? What happens if it comes back positive ?

Michael David Siegel
Michael David Siegel answered on Sep 22, 2020

You should have an inspection by a licensed home inspector, who will be able to identify lead paint.

2 Answers | Asked in Landlord - Tenant for New York on
Q: I own a house. My s.o. moved in a few months ago but we are now breaking up. How long should I give for her to move out?

I initiated the breakup.

We do not have a formal lease, but before she moved in we had verbally agreed that she would pay a fairly small amount monthly when she started living here (she did not ever start paying).

The house is in my name only, with a mortgage (don't know if... Read more »

Elaine Shay
Elaine Shay answered on Sep 22, 2020

If you need to go the route of commencing legal action to remove your S.O. from your home, the process can take longer than you may find tolerable. Depending on whether the occupant is a tenant or a licensee, the required predicate notices can be as short as 10 days to as long as 90 days. Only... Read more »

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