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Grandfather died. My grandmother was the beneficiary of his life insurance policy but predeceased him in 2016. They had 4 children which one died 9 days after him. If there's no contingent beneficiary, how will be payout be? Is the deceased child entitled to any of the money?
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answered on Dec 26, 2024
If a beneficiary of a life insurance policy predeceases the policyholder and there is no contingent beneficiary, the policy will be payable to the estate of the policyholder. If your grandfather had a Will, distribution will be made pursuant to that. The Will will have to be probated if that has... View More 
If me and my Hopefully soon to be ex-husband have an agreement and have it notarized that we agree upon a divorce and there’s no assets to be sat child custody, and everything is already taken care of and no spousal support being asked or assets that need split And have it notarized by a notary... View More
answered on Dec 25, 2024
You can file for an uncontested divorce but you need to file the proper paperwork with the appropriate language. Also, a simple notary is insufficient. The agreement has to have an acknowledgement. You should hire an attorney to do the proper paperwork.
We have a small church, and we would like to put a clause in the by-laws that would allow a trustee to serve another term (past their second term) if there were no qualified members able to serve at that time. It would be for only 1 additional term.
answered on Dec 24, 2024
Hello. You should be able to amend your bylaws to allow a consecutive term of a current trustee to serve another term. For your specific situation, you can include a clause in your church's bylaws that allows for an additional term beyond the standard two terms if there are no qualified... View More
I work at a delivery company who delivers to Stewart's in New York. After I got done with work yesterday I get a phone call from my big boss and he asks me did I steal something from Stewart's. I said I didn't steal anything. He said tell me now before I stick my neck out for you. My... View More
answered on Dec 21, 2024
I'm sorry this happened to you, all over a bag of chips and a soda. You could reach out to tort attorneys to discuss, preferrable law firms that deal with more diverse range of cases (defamation, emotional distress, etc.) than purely physical injury from accidents. You ask whether it is a... View More
Can he accuse me if I take our kid to this trip in other state (7 hours from home)without his consent?
answered on Dec 19, 2024
Accuse you of what? I assume there is no court order forbidding this. You are returning with the children. You are doing nothing "illegal" or "unethical". You are their parent. Unless your relatives are a danger to the children I see nothing wrong legally.
I have proof the items belong to me.
answered on Dec 19, 2024
Unless you are an heir of a decedent who dies without a Will, you would not be entitled to inherit property from the decedent. However, if you have proof of ownership (e.g., receipts, contracts, written agreements, or other documentation showing the items belong to you), you can present this to the... View More
I have proof the items belong to me.
answered on Dec 19, 2024
A person who dies without a Will (Intestate) leaves all of his real and personal property to his next of kin, in order of closeness. You say, however, that the personal property of the person who passed away (the Testator) is owned by you and that you have proof.
There are two ways... View More
I have a small business where I sell handmade bracelets. It has come to my attention that
SHEIN used to of my photos.
answered on Dec 19, 2024
I assume that your images are on Shein's website.
So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes... View More
Emergency surgery after first surgery. Used wound vac, had ostomy bag.
Happened in Buffalo, NY. Currently live in Florida
answered on Dec 17, 2024
Sorry to hear what happened to your husband. The statute of limitations in New York for medical malpractice lawsuits is 2.5 years from the date of malpractice; or, where there has been continuous treatment for the condition giving rise to the lawsuit, 2.5 years from the last date of treatment.... View More
Saw Dr 1 for a routine procedure to diagnose pain in two areas. After pain worsened and numbness that started when numbing medication was applied for the procedure did not go away after a week. Contacted Dr 1 via messaging who responded w/ no medication to address the pain bad enough to consider... View More
answered on Dec 16, 2024
I am unaware of any law that prohibits a medical group from providing external referrals. Although in your situation it doesn't sound so much as a refusal to provide a referral as a failure to provide one. Regardless, even assuming the failure to provide a referral constituted a departure from... View More
answered on Dec 15, 2024
NY state does not have "alimony". It has spousal support or maintenance, which is limited and depends on the respective income and length of marriage. retirement accounts, including pensions, are property subject to equitable distribution. You may be entitled to a portion of the... View More
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answered on Dec 15, 2024
The pension in New York is governed by the Majauskas formula the months of the marriage over the months of employment x 1/2. Maintainance or alimony is governed by a statute analyzing both incomes and producing a a result. Get a good divorce lawyer and these beneficial legal rights will be... View More
I have not been to this therapist or company in three years nor do I even live in the same state it’s in. Unsure if it’s a family member, or the company themselves scheduling the appointments.. as the company is known for only trying to get as many clients and as much money as possible. Can I... View More
answered on Dec 15, 2024
Yes, it's possible you could sue, or at least accomplish a cease and desist to the conduct. First try to learn what the situation is, whether it is on the part of the medical office or someone harassing you. In the meantime, until you are able to determine the source, monitor your monthly... View More
And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?
answered on Dec 11, 2024
I'm sorry for your loss and the challenges you're facing. If probate is delaying your ability to act, consider filing a motion requesting the court to grant temporary authority to address urgent matters, like paying property taxes. An attorney can assist with this.
Possibly, you... View More
And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?
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answered on Dec 11, 2024
First of all, don't panic. I am not sure where the property or the probate court are located, but as a sole practitioner, I see this many times a year. Find a small law local firm to probate the will or administer the estate. Nothing is going to move quickly. Gather up all of the... View More
My case settled 4 months ago and my lawyer has not cleared the lien because they are waiting on a amount from DSS. And i have not received notice by mail of this lien from DSS.
answered on Dec 9, 2024
There's nothing inherently illegal about leaving the figure blank, especially if your attorney does not know the amount of the lien. If you were a recipient of public assistance, NYS would have a statutory lien against the settlement proceeds which must be paid before the settlement proceeds... View More
My case settled 4 months ago and my lawyer has not cleared the lien because they are waiting on a amount from DSS. And i have not received notice by mail of this lien from DSS.
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answered on Dec 10, 2024
I'm sorry to hear about the difficult and confusing situation you are facing. In New York, it is generally permissible for government agencies, such as the Department of Social Services (DSS), to place a lien on a personal injury settlement to recover costs associated with providing services.... View More
I was fired after starting a warehouse job, suspecting racial discrimination.
I received termination text with no prior performance feedback or warning.
answered on Dec 9, 2024
You need show some evidence that their decision was at least in part caused by a discriminatory motive. The evidence can be almost anything that suggests racial bias. For example, if the only difference between you and the other employers is your race (and not a difference in performance, skill,... View More
When I renewed my car insurance policy, I was told that some optional add-ons were not optional and I had to accept. I found out a day later that she lied and it was not true. Now the company is saying it can be fixed by the agent but they're making it EXTREMELY difficult. I'm on my 6th... View More
answered on Dec 8, 2024
This looks like something that could be remedied without attorneys. You could try to continue to work with their customer service to get the options you want. If the first person you spoke with was inexperienced and provided incorrect information, it's possible you may have to pay whatever... View More
answered on Dec 8, 2024
Generally, a business can help protect its name through registration of the business name with the US Patent and Trademark Office or within the state where the business is located. Registration provides evidence of ownership of the trademark for use in commerce. If there has been no registration of... View More
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