also died and before that his brother was appointed his guardian as he had dementia. Am I entitled to this money or should it go to my sister’s husband’s family? This happened in New York City.
answered on Sep 19, 2023
The term "left" is ambiguous. If the mutual fund had someone as the beneficiary and that beneficiary predeceased, the fund reverts to the decedent's estate. If the mutual fund was bequeathed in a will, then the will must be reviewed to determine if someone else specifically gets... View More 
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answered on Sep 18, 2023
In New York family court proceedings, an apparent conflict of interest can arise if your ex-spouse's attorney has a prior or existing relationship with you that could compromise their ability to provide impartial representation. Such conflicts may stem from personal relationships, prior legal... View More
I need legal advice on what route to take. Additionally I am trying to make money while I'm here. Not sure if Special student relief or TPS is the best way forward.
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answered on Sep 14, 2023
Given the current situation in your home country, Temporary Protected Status (TPS) may be a more suitable option as it provides protection from deportation and work authorization. However, it's essential to consult with an immigration attorney who can assess your specific circumstances and... View More
The child l resides with the mother
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answered on Sep 13, 2023
In New York, when a child is born to parents who are not married, the mother is typically granted sole custody of the child by default. This means that the mother has the legal right to make decisions regarding the child's upbringing, health, education, and other matters without the need for a... View More
Be settled, what happens if she has no way to serve them
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answered on Sep 12, 2023
In New York, when a grandmother seeks visitation rights with her grandchildren and is required by the court to serve legal notice to the children's fathers, it is essential to address this issue thoroughly. If she encounters difficulties in serving the fathers, she should diligently document... View More
My ex and I adopted a cat together and cared for it together for years. We broke up and did split custody for a while, now she wants to stop sharing and is claiming the cat is legally hers and will report her stolen if I dont return her by the arranged date. The adoption papers and microchip are in... View More
answered on Sep 9, 2023
Simplifying your situation, the court will look at the indicia of ownership concerning the cat, which appears to favor your former girlfriend. If she wants to file a theft charge against you for not returning the cat, a police officer might do that. An alternative is for you to seek a replevin... View More
My daughter in law was incarcerated out of state. My son went to retrieve her and my grandsons aunt filed for emergency temporary custody. Son and DIL have joint custody. It was a toxic relationship for 5 years. Mother again was incarcerated in NY. Sole custody was granted 2 months ago. I just... View More
answered on Sep 9, 2023
Critical missing information concerns which state granted the joint custody, and did it still have jurisdiction when a court, if different, granted the aunt temporary custody. That court subsequently granted sole custody to the aunt according to you. You then filed for custody after that. Your... View More
My grandparents passed away and left a Will where all grandchildren are beneficiaries. My grandparents' children are deceased. The house is up for sale. There are six grandchildren, of which one is deceased, but has a living spouse and two children. We are unable to locate them to inform... View More
answered on Sep 9, 2023
Distribution of assets down the lineage to classes of beneficiaries depends upon the specific wording of the Will, which must be reviewed, as a determination of whether the testator's intent was that the estate assets were to pass down the lineage by per stirpes or per capita must be made.... View More
I recently submitted a report with links to substantial evidence (PDFs of the full report, screenshots of phone messages to them and to me, all clearly dated and cross referenced; via my Google Drive) detailing my ex wife's infidelity throughout our dating, engagement, and marriage, with... View More
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answered on Sep 9, 2023
Submitting a report to USCIS with evidence of fraud does not automatically revoke your status as a sponsor. USCIS will investigate the matter, which could potentially be a prolonged process. To know the status of your obligations as a sponsor, you will likely need to proactively follow up with... View More
Relocation trial ended in April 2023. Decision from Bench June 2023. Order to stay until school started which is in 2 days. No order provided yet. Do they serve it or do I have to pick it up?
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answered on Sep 7, 2023
We here are not clerks of court and cannot render opinions as to how to obtain court orders.
We here are also well aware of the enormous difficulty government has in keeping straight records in a court environment. Corners may have been cut. It may very well be that the judge's order... View More
Filed a petition for an upward modification of child support. Respondent tried to have the petition dismissed and was denied. Magistrate says child support order is eligible for upward modification. Even though my petition has been granted, still having a trial and need to provide evidence and... View More
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answered on Sep 7, 2023
The answer here is not as simple as providing a listing of good-to-have documents. We here do not know the nature of either party's employment (self or otherwise) and therefore have no idea what documents are necessary to prove a child support case for this asker.
What we can say... View More
We have 50/50 custody of our daughter, and every other week she spends at her mother's. Each week when she comes home it takes days to re-regulate her behavior and mood before she opens up about events and situations that happened the past week at her mom's. Often time this includes a... View More
answered on Sep 4, 2023
If your facts are correct, in NYS a petition in family court may be in order. The prior legal guardian, or if none, a request for a legal guardian would be made, and that guardian represents the child independently of the parents and makes a determination and advocates to the judge what should be... View More
Gathered screenshots of my conditional-2-year-green-card-recipient-wife cheating during entirety of our dating/marriage, and about to send to USCIS to show it's not bonafide, just got the final decree.
After we filed and I threw her out of my place, texted her harsh text messages,... View More
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answered on Sep 3, 2023
The abuse waiver for the I-751 petition to remove conditions on residence is generally intended for victims of abuse that occurred during the marriage. Evidence of cheating may be relevant to the bona fides of the marriage but is not directly related to an abuse waiver. Be aware that stalking or... View More
Waited for my public defender to answer but he is not reachable
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answered on Aug 22, 2023
In New York, when there's a court order dictating communication arrangements between parents and one parent is not following the specified terms, it's crucial to take appropriate steps. Begin by documenting instances where the father is initiating calls instead of the mother as outlined... View More
My ex-husband and I divorced, and we have joint custody. I signed paperwork to have my son move with him to Utah two years ago for a better life I kept custody of my daughter, who lives with me. Now my ex-husband is trying to move my son to another state (texas ) I don’t agree with this. Since... View More
answered on Aug 22, 2023
If the order of custody is a NY order, you can bring a petition in family court to stop the move. The best way is by Order to Show Cause so the court can stop the move until the case is heard. See an attorney to help with this if you can.
My ex-husband and I divorced, and we have joint custody. I signed paperwork to have my son move with him to Utah two years ago for a better life I kept custody of my daughter, who lives with me. Now my ex-husband is trying to move my son to another state (texas ) I don’t agree with this. Since... View More
answered on Aug 22, 2023
How old is your son? If he is over 18 the courts have no jurisdiction and you can not legally stop your ex from moving with him.
My ex asked me for a loan of $5000. She said she would repay it by not taking my child support money until it is repayed... I pay for all of my children's needs anyway so they wouldn't really be harmed, I'm just wondering what the law says about the case where the person receiving... View More
answered on Aug 16, 2023
Child Support is separate from other debts and it is not simply offset. She would need to waive her right to support. If this is collected by Child Support Enforcement Unit they will not credit you and you will still owe the money. Talk to a lawyer.
but the skilled nursing home said I could not because I lived out of state. So, unfortunately, she became a ward of the state. She has since passed away and the guardian did not inform me nor my sister. The nursing home called me to let me know. My sister called the guardian and he said he would... View More
answered on Aug 14, 2023
First, I am so sorry for your loss. If you are not hearing from the guardian, put your requests in writing and write a letter to the court about your inability to contact the guardian about your sister's ashes. If you have access to the original court order appointing the guardian, you will... View More
My dad had signed up for a term life insurance policy for $7000 until he reaches 90 years old, or when he dies. At the time when the insurance company called him to sign up he spoke very little English, that term was set to fully paid in 2013. But he kept paying the policy every month, he passed... View More
answered on Aug 13, 2023
I'm very sorry for the loss of your dad. One option is to try to arrange a brief consult with an attorney - it would be helpful to know the basis of the carrier's denial of a refund. It could be a matter of weighing the costs of litigating the potential refund against chances for a... View More
Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:
Legal separation, divorce, or dissolution of a Civil Union.
answered on Aug 8, 2023
Law generally controls - health insurance policies tend to be compliant. They are usually carefully underwritten and the industry is governed by strict laws. Good luck
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