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New York Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for New York on
Q: Who inherits in NY: minor children, parents or sister? If children, does remaining parent, ex-spouse, handle property?

Minor children now reside with father, ex-husband of deceased.

Tim Akpinar
Tim Akpinar answered on Jul 1, 2020

I'm sorry for your loss, and that your question remains open. If you want to try reposting your question in the Probate & Estate Planning categories, it might have better chances of being picked up there. From the description, it sounds like a situation involving intestacy. Hopefully in... Read more »

2 Answers | Asked in Uncategorized for New York on
Q: I’m 15 and want a body modification called a rfid implant do you see any legal restrictions
Tim Akpinar
Tim Akpinar answered on Jun 20, 2020

This is a fairly new area of law, and you might have to look into a number of sources to educate yourself on it. There are government agencies and other entities who have identified both legal and ethical issues in research papers, covering issues ranging from the liability of health care... Read more »

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1 Answer | Asked in Uncategorized for New York on
Q: I want to learn about how lawyers use tech in their research. I'm familiar with Lexis and WestLaw.

I'm trying to understand, in depth, what such online databases such as WestLaw are used by lawyers for. What are you researching on the databases, how long it takes you, and how much manual work do you still have to do after using the platforms. I also want to understand what research you... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 6, 2020

This is really a big question and the answer could fill pages. Legal databases are used for a number of purposes. A easy one is looking for cases. That's fairly straightforward and simple. Because the time spent on these systems is at a premium, they are more often used for more specialized... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: i am a heiresss to a house in cabo rojo, who do i speak to about itI? live in new york

executer does not contact me anymore after i told him i wont sign off

Tim Akpinar
Tim Akpinar answered on May 11, 2020

There are attorneys here in the Probate and Estate Planning categories. This includes attorneys who practice in Puerto Rico. You could speak with one of them, or you could search for attorneys independently. Good luck

Tim Akpinar

1 Answer | Asked in Uncategorized for New York on
Q: I’m looking to see how I can get the executor changed with a trust fund.

This person started a trust fund to help my nieces pay for college when my sister died. The first niece is now in college and is be asked to do extreme things like writing 10 page papers in order to receive part of the trust fund toward school payments.

George E. Patsis
George E. Patsis answered on May 10, 2020

A petition can be made to the Surrogate's Court seeking the removal of the trustee.

1 Answer | Asked in Uncategorized for New York on
Q: Can a lawyer also be a public figure?

Currently I'm a law student and I would love to be a great lawyer or even a judge one day. But the thing is I would also love to make video's (Tiktok, Youtube). My question is whether it's possible to combine the two. I want to be taken seriously as a lawyer (or judge) but I also... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 15, 2020

You could combine your interests, but it will require more research on your part than can be covered in a brief post here. If you go online, you'll see people who are active attorneys deliver lectures about law for the public's education or for continuing education purposes for other... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: will a person on SSD get a check from the coronavirus?
Tim Akpinar
Tim Akpinar answered on Mar 22, 2020

There's talk of individual relief checks by officials in Washington, D.C. We should have more information in the near future on what is finally decided in terms of relief measures for the public. Good luck

Tim Akpinar

1 Answer | Asked in Uncategorized for New York on
Q: My cars at old job an my friend overheard the boss saying their going to tow my car. Can I sue since I have no knowledge
Tim Akpinar
Tim Akpinar answered on Feb 13, 2020

It's difficult to say without knowing more about the arrangement you may have made. Instead of allowing situation to escalate into one where the car is towed, it could make more sense to find out what's going on, and getting car out of there if it's true. You probably don't want... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: Hi I'm looking into closing or transferring money from my ex husbands 403B. Need expert advice please.

Was married 9 years while the 403B was collecting. Was told I needed a lawyer to begin the process.

Michael Francis Barrett
Michael Francis Barrett answered on Nov 4, 2019

Assuming your judgment of divorce or settlement agreement awards you a share of the 403(b) account, you will likely need a Qualified Domestic Relations Order (QDRO) to receive your funds. Seek out an attorney in your local area who handles QDROs.

1 Answer | Asked in Uncategorized for New York on
Q: How do I dismiss my marijuana violation?

Hey, I was recently charged with unlawful possession of marijuana in the state of New York. I have a court hearing on Tuesday. My friend and I both got a violation ticket for $100 but we were wondering if we could get it dismissed somehow because we don’t want it to be on our record for future... Read more »

William Jaksa
William Jaksa answered on Oct 14, 2019

Need way more information to answer this. It might be worth the cost of consulting with a local lawyer. You and your friend could split the cost of an hour consultation. It could be the best money you spend to keep your future job prospects open.

1 Answer | Asked in Uncategorized for New York on
Q: Could someone be held legally liable for someone else’s suicide?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 7, 2019

There have been instances where another person participated in the suicide and thus faced murder charges. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: Do opposition papers filed by Principle Defendant in answer to Plaintiff need to be served upon nominal defendants?

Nominal defendants were included in filing by Plaintiff in a real estate partition action case between Plaintiff and Principle Defendant. They did not present themselves at any time in any capacity during the case and they were included purely for technicality. I am filing an Opposition to the... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 2, 2019

All named parties in a legal action need to be served with all filings. Rather than proceed pro se, why not consider limited scope representation as an affordable option. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: I was in a car crash last night and i was past cerfew do i have to tell the po or does. He get a report anyway
Tim Akpinar
Tim Akpinar answered on Sep 17, 2018

If this involves parole curfew, you could post the question under criminal law and someone who practices in that area could pick it up.

1 Answer | Asked in Uncategorized and Criminal Law for New York on
Q: Can I be arrested or sued for being near a 16 year old kid when the mother told me to not associate with him ?

Even though the mother kicked the kid out the house and he lives with his aunt now,

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 27, 2017

Yes, this may qualify as harassing a minor. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: Hello... If I put a review on yelp & now the owner keeps harassing me can I sue them or what?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 18, 2017

Did you publish anything untrue about the owner? If so, you may be sued for defamation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: What federal legislation dictates process of rule making What if an agency fails to rule making process
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Typically administrative codes or related federal department guidelines apply, but it depends on which department of the federal government you're referring to. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: Do I need a lawyer to provide notice for assigning (just my, not my roommates) obligations under a lease provision?

I signed a lease with a roommate, but now I need to get out of the lease and the apartment. My roommate wants to stay on the lease and in the apartment. So I want to know if I can get out of the lease and leave him on, by using the lease provision (relating to RPP Article 7, section 226-B) and... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Review the terms of your current lease to see if that's permitted. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: What is the ceiling amount for earnest money in NY State?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Make sure you review any earnest money agreements or "binders" with a lawyer. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: I got a TVB n I must answer withen the 15 days but they don't have it in their system is requesting a email good enough?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Your question is vague. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: Is it legal to be threatened w/harm to a person/family if she does not pay to get out of an arranged marriage?

She is 25 yrs old and came into this country on a visitor's visa, entered into an arranged marriage, and does not want to live with the man she 'married'. She feels her 'mother-in-law' is using her as a servant, among other issues. She is being forced to pay $30,000 in... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

I see no legal basis to support the demand for payment. She can file for divorce. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law... Read more »

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