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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
answered on Aug 8, 2023
Whether you have a lawyer or not, this is a sep[arate issue from responsibility for legal fees. The law allows the "non-monied" spouse to request legal fees from the monied spouse. A Judge would have to determine this, and the amount.
we are in divorce process. she lives with my sister and i live in family home. we both own it. we were both arrested as she accused me of blocking access to home, and she was arrested for criminal mischief and destruction of property after sawing the locks. There was no violence. We were both... View More
answered on Aug 5, 2023
You should be hiring an attorney because the prosecutotial might of the Stste of New York is coming after you for whatever crimes you face. You were arraigned. Weren't you informed of the right to hire counsel?
Now divorcing - is husband entitled to a portion of their current value (commingled funds)
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answered on Aug 4, 2023
In New York, property acquired before marriage is generally considered separate property and is not subject to equitable distribution in divorce. However, the situation can become more complex if separate property becomes commingled with marital property during the marriage.
Commingling... View More
I’m separated and going through a divorce. NYS. I have no income. My spouse is a doctor and makes $300k annually. I’ve mentioned to my lawyer that bills are piling up and I’ve exhausted my savings. Lawyer said I should be eligible for spousal maintenance while we are in the divorce process.... View More
answered on Aug 4, 2023
I know that a month seems like a long time, but in divorce cases it is not. Your lawyer may be trying to resolve this withour court intervention. That may mean negotiation, exchanging financial documents, etc. If that does not work, your lawyer can file an emergency Order To Show Cause, but that... View More
It’s been 3 weeks . I sent some documentation with the retainer that had to be reviewed . He was easily reached prior to payment .
how long it usually takes to have initial consult after payment ? I’m not sure if this is normal
answered on Aug 2, 2023
It doesn't sound right. There is usually a free consultation prior to retaining the attorney.
Then, three weeks is far too long.
Consider getting a full refund and retain alternate counsel.
Jack
We have been reaching out to our child's attorney for months now with concerns and they have not returned a single call or email. Is it possible to request a new law guardian for the child?
answered on Aug 1, 2023
The Attorney For The Child (AFC) represents the child's best interests, notvthe parents. The likelihood that the AFC would be removed is almost none. Unless the AFC has shown gross malfeasance, they will not be removed. Talk to you lawyer.
answered on Jul 31, 2023
This is something that family law attorneys would know best. But you await a response for a week. Until you're able to consult with a knowledgeable NY family law attorney, here's a link to a page on this Justia site:
Erie County Legal Aid & Pro Bono Services... View More
I bought a new phone for my daughter because her mother has taken hers for over a week now restricting my communication with her. In addition she has blocked my fiance on her phone claiming the child should not be speaking to her since she is not her mother. If we provide and pay for a new phone so... View More
answered on Jul 31, 2023
You are really asking two questions. Can the custodial parent take away a child's phone? And, can the custodial parent rstrict communications with the non-custodial parent? The custodial parent can set rules of their household and has day to day decision making power. If she feels that the... View More
judge has presided over family case for over a year and in post judgement action, which involves a mentally ill defendant the judge recently denied a motion filed by defendant, the defendant then filed a motion for the judge to recuse from further matters in the case claiming bias and an appearance... View More
answered on Jul 31, 2023
This is not a case where the judge is likely to recuse himself or herself. This sounds like an instance where one of the parties is about to become designated a vexatious litigant.
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answered on Jul 28, 2023
A Mutual Release Agreement may not necessarily be sufficient to cancel a prenuptial agreement, as prenups are typically enforceable contracts. Any changes or modifications to a prenup may need to follow specific legal procedures, including both parties' voluntary and informed consent.
Can I get him to pay for my lawyer or do I have to use legal aid
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answered on Jul 27, 2023
. If one spouse has more financial resources than the other, the court may consider awarding attorney's fees to the financially disadvantaged spouse.
If you believe that you cannot afford an attorney and your husband has significantly more financial resources, you may request the court... View More
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answered on Jul 26, 2023
In New York, emancipation is a legal process where a minor gains independence from their parents or guardians. To be emancipated, you usually need to be at least 16 years old, and it's a complex legal procedure. However, at 15, it's unlikely that you can get emancipated in New York.
So my ex is coming after me financially and I don't have a problem with some of it but I was sick and out of work and she covered alot but when we broke up she sent me an itemized bill and is coming after me for every penny she can get I'm not trying to get out of all of it but... View More
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answered on Jul 26, 2023
For non-marital coupes who break up, no court will ever enforce a demand for recovery of shared costs and expenses. For married couples, this is very different as a court must equitably distribute both the accumulation of assets and the payment of debts.
My step grandma tried to make me clean up her mess that she made and I told her no and walked to my room, after that she told me dad and he threatened to beat me.
Grandparent set up UTMA accts for both of my children which are valued close to million each. Grandparent is estranged from grandkids and refuses to use money in acct for schooling. Children cant even get financial aid (FAFSA) as value in UTMA accts would be held against them. Is there any legal... View More
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answered on Jul 21, 2023
The ability of a custodian to make withdrawals from a UTMA account before the child reaches the age of majority is limited. Generally, unless there is some demonstration that a child's parent is unable to pay for their education, it is improper for a custodian to withdraw funds. However,... View More
I'm going through a divorce and am buying out my husband's interest in the home. My mom will be my co-borrower. The Bank states that I need to add my mother to the deed first before I am able to apply for a home equity loan. What documents do I need to in order to add her to the deed? I... View More
answered on Jul 19, 2023
Both the RP 5217 and the TP 584 need to be prepared and submitted with the deed for filing. Pay close attention to the grantors (must be the same as the deed from which the owners’ acquired title) and to the grantees (to ensure you are taking title how you wish). Consider hiring an attorney,... View More
answered on Jul 19, 2023
Unfortunately, you are married so are not eligible in most cases for a domestic partnership.
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