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of 50 years gets nothing. She purposely has her father leave land to her son(15) but she wants to control the land so her brother won't get anything. It is recorded on a phone that a gun is left to her son, also and she shares another gun with her daughter. Is this legal?
She somehow got her father to agree to new bequests giving her children everything, which she will benefit from as children are 9 and 15. My husband has not been able to talk much, so I don't know how she did this. She says she recorded it on her phone and his scratch of a signature is... View More 
Daughter recorded father saying yes. Is this legal? I know my husband would have wanted his oldest child, a son, to have something. This knocked wife and son out of everything. My husband was very unresponsive when I got to the hospital. His speech was very rambling. My daughter had a smug... View More
answered on Sep 30, 2024
Any bequest must be in a properly executed will. Wills must be prepared carefully and witnesses. The preparer and witnesses can not be named in the will. Talk to a lawyer and show the lawyer the will.
Year. Can she just leave or do I have to go to court for custody even though she will be 18?
answered on Sep 14, 2024
The courts have no jurisdiction over custody for a child over 18. You can not go to court for this. As an adult she can come live with you without any court intervention.
Living in the basement with my daughter.
answered on Sep 5, 2024
If no divorce action or legal separation action has been started, then you do not have to pay rent to your husband.
However, you and your husband have a legal obligation to take care of your daughter (provide her food, shelter).
I have been unemployed for 10 months now
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answered on Aug 19, 2024
There is no question here.
The asker must retain an attorney to file a petition for downward modification. However, his arrears will not disappear unless he can get the custodial parent to waive arrears in court before a support magistrate.
she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed
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answered on Aug 12, 2024
Hire a NY attorney for file suit for a Sale For Partition.
I can prove that without my money, he wouldn't have gotten the mortgage.
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answered on Jul 21, 2024
The rights the asker has to remove an unwed domestically violent co-owner from her deed is a partition action in Supreme Court. That requires a lawyer's assistance to file all the correct paperwork with the court and proceed through trial if necessary. The domestic violence is irrelevant. The... View More
I have an order of protection against my abusive husband.
I am not a citizen and I might apply for naturalization soon.
I am worried about the Good Moral Character requirement.
I suspect that I might find drugs and I want to make sure not to be committing possession in... View More
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answered on Jul 12, 2024
You’re not committing possession if you bring the drugs to the local police department and tell them where you found them. Either that or you dispose of them properly (I don’t know what type of drugs they are, but use your head).
Cayuga county NY is the location, I'm an only child so I'm sole heir. I think my mom might have 2 mortgages on the house but I want to find a way to get the house when my mother eventually passes instead of the bank immediately repossessing it.
answered on Jul 10, 2024
Your mother's estate will be responsible for the mortgage or, if title passes to you, you may be able to work something out with the bank.
Jack
I’m moving to Florida with my husband and kids from NY. My 17 year old sister wants to move wit us. My mom agreed but I’m not sure what I would have to do in order to take her. I’m not sure if i need to get court papers since she will be 18 in a year. She’s home schooled.
answered on Jun 19, 2024
If she needs to register for school before 18, you need to be her legal guardian.
Teen with special needs is refusing court ordered visitation in the summer. Has not been getting along with the non custodial parent and is in therapy. Noncustodial parent seems to be triggering reactions from the teen and teen is having a hard time regulating emotions around non custodial parent... View More
answered on Jun 15, 2024
As long as it is the teen who refuses to visit and you are not telling him not to go there is no contempt. The therapists opinion is also helpful.
I'm being harassed, and now must sit for a deposition. Assuming some of the questions will most likely be used to find personal information to harass me further... while other questions could be used again me in criminal charges... can I just object to these questions and refuse to answer them?
answered on Jun 15, 2024
You should consult with an attorney and have an attorney with you at the deposition.
It is not clear why you have to sit for a deposition, very unusual for a Family Court case.
In general terms, if you do not answer a question at a deposition, you could be held in contempt or your... View More
I just had my last court hearing in DV Supreme Court for divorce, child custody and relocation. I was representing myself for my divorce. I completely forgot to ask for my name to legally be changed back to my maiden name. No final judgement has been made and it may take another 2 months. Could I... View More
answered on Jun 15, 2024
You should be able to contact the Judge/Court and ask for the proposed Judgment of Divorce to be changes to include your name change.
My children have supervised visitation with their father. This was supervised by my ex father in law who has just passed away.
There is no longer a supervisor to oversee visits.
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answered on Jun 11, 2024
The asker must comply with her order that compels supervised visitation, or the asker must return to family court to modify her order. The asker cannot unilaterally decide to cancel the order and ignore it. The opponent parent can file a violation petition and cause the asker to end up in civil... View More
They moved in together after 5 months. Her 2 boys are 16 & 7. Our kids are 11 & 6 (our 11 yr old is a boy and 6 yr old is a girl). Her youngest is autistic. (This isn't a huge issue but I work healthcare and have seen different spectrums of autism; i don’t know if he has difficult... View More
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answered on Jun 9, 2024
We are not family court judges set up to decide matters of sleeping arrangements of children. We can educate perhaps to a limited extent as much of what we say sounds incredible. The law has evolved substantially in recent years, and the ends justify the means in many cases.
As for the... View More
To add detail there is an active access order for 1 week rotation schedule. However they have added that the non custodial parent can access thr child every day on custodial parents access time for activities.
answered on Jun 7, 2024
Custody and visitation are 2 different things. Yes you can have full custody but the court can still provide the other parent with visitation as the courts hold that visitation is in the child's best interests.
answered on May 24, 2024
It's a matter of "legal capacity." If your father has legal capacity regarding the payment of legal fees, why is a Guardianship needed at all?
Jack
My fiancee children are 18, 17, and 16. We have a newborn together and want to get married, He pays child support to the month through the courts. If something happens to him, God forbid, can she collect child support from me?
answered on May 9, 2024
Child support terminates upon the payor's death. You would not be responsible for his support payments.
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