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1 Answer | Asked in Immigration Law for New York on
Q: I am trying to marry my wife she is here on a j1 work visa can someone help me please thank you
Stephen Arnold Black
Stephen Arnold Black answered on May 9, 2022

An immigrant here on a J1 visa can marry a US citizen and adjust status to get a green card, provided that the J1 visa is not subject to the two-year home residency requirement. Counsel in any state can represent you and process the case from start to finish.

1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for New York on
Q: How do I proved that the party is represented by the attorney from the last case in this case for Declaratory judgment

If only the attorney was served with the summons with notice

Michael David Siegel
Michael David Siegel answered on May 9, 2022

You cannot serve a summons on an attorney for a new case unless service is accepted in a document filed with the court.

3 Answers | Asked in Estate Planning and Probate for New York on
Q: My mother and step-father (who are residents of NYS)own valuable real estate. If my mom passes away, do I have any

claim to her share of the property?

Elaine Shay
Elaine Shay answered on May 9, 2022

Basically that depends on two factors -- how title to the property is held and whether your mother has a will.

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3 Answers | Asked in Estate Planning and Probate for New York on
Q: My mother and step-father (who are residents of NYS)own valuable real estate. If my mom passes away, do I have any

claim to her share of the property?

Gary Krim
Gary Krim answered on May 9, 2022

It depends on a number of things:

1. What title on the property is - if you are on title then you have a claim to at least part of the property

2. Does you mother have a Will naming you a beneficiary - if there is a Will and you are not named as a beneficiary then assuming the Will...
Read more »

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2 Answers | Asked in Family Law for New York on
Q: Good morning I had a fire and I let my daughter stay with her father to go to school now he doesn't want to give her bac

I went and got her yesterday now he is telling me to bring her back or I am going to jail what can I do

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 9, 2022

You didn't make it clear if there is a custody order. If there is such an order, the order controls until it is changed by the court. If you have custody and you voluntarily allowed your daughter to live with the father for a period of time and then picked up your daughter, you cannot be... Read more »

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2 Answers | Asked in Family Law for New York on
Q: Good morning I had a fire and I let my daughter stay with her father to go to school now he doesn't want to give her bac

I went and got her yesterday now he is telling me to bring her back or I am going to jail what can I do

Sandra M. Colatosti
Sandra M. Colatosti answered on May 7, 2022

If you do not already have a custody order, you should file a custody petition in Family Court.

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1 Answer | Asked in Contracts for New York on
Q: Signing as poa without adding "as poa for John Doe", is that valid?
Tim Akpinar
Tim Akpinar answered on May 7, 2022

It could sometimes depend on what the entities require, based on their own policies and practices. Ordinarily, the legal instrument establishes a power of attorney. However, some institutions, such as banks, will still request the letters "POA" included for financial transactions such as... Read more »

1 Answer | Asked in Divorce for New York on
Q: Can the alimony-paying party in a divorce just stop working out of spite? Or "retire early"

i think the arrangement will be court-ordered. Would it matter if it were just an "agreement?"

I'm on disability. Spouse is the working party

Online calculator says $800/mo alimony

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 6, 2022

If there is a court "order" for alimony, the other payor is obligated to pay until the court order is over or vacated. If they stop working or retire early, they are still obligated to make the payment and failure to do so can be punished by contempt of court.

1 Answer | Asked in Real Estate Law and Elder Law for New York on
Q: How can I get my father’s home in PR in my name?

In 2010 , my father built a house in PR. He had a stroke in Oct 2021 which left him unable to stand or talk. He lives with me in NY and I have a POA for him. He needs to apply for Medicaid quickly so he can get full time home care but hasn’t because we are trying to protect the house. I didn’t... Read more »

Elaine Shay
Elaine Shay answered on May 6, 2022

New York has a 60-month Medicaid Look-Back Period for Institutional (nursing home) Medicaid that immediately precedes one's Medicaid application date. During this period, Medicaid checks all past asset transfers to ensure no assets were gifted or sold under fair market value. However,... Read more »

1 Answer | Asked in Real Estate Law and Legal Malpractice for New York on
Q: What can I do?My NY buyers attorney drew up sales paperwork stating that my buyer made an Ernest deposit when he didn’t.

My attorney says there is nothing I can do. I can’t believe I can be provided with real estate sales paperwork to sign stating that the attorney collected the money when he didn’t. Should I have been informed and what can I do. My buyer backed out of the deal with proven false reasons and my... Read more »

Michael David Siegel
Michael David Siegel answered on May 6, 2022

Something is fishy. However, you do not have to return money you do not have. If the lawyer said money was in escrow and it was not, he can be disbarred. Escrow accounting is a big deal.

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord evict me for opening our window? Says downstairs neighbors bill doubled due to this.

Our landlord has threatened to evict my family due to the downstairs neighbors electricity bill doubling, it’s spring time and we can’t even open our windows afraid of getting evicted.

Sandra M. Colatosti
Sandra M. Colatosti answered on May 5, 2022

How does your open window affect the downstairs tenants' heating bill?

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1 Answer | Asked in Legal Malpractice, Estate Planning and Elder Law for New York on
Q: Can a lawyer be held accountable for NOT providing legal service to his client?

Elderly client moved in with daughter who had coerced her to change her will and make her power of attorney. Elderly client asked lawyer to revise will without involving this daughter. She told him she was in fear of daughter, her finding out and taking it out on her because she found out... Read more »

Tim Akpinar
Tim Akpinar answered on May 5, 2022

If an attorney was simply approached out of the blue, the general rule is that the attorney is free to accept or decline a matter. Same goes for the prospective client, who is free to retain or not retain an attorney. There are instances where an attorney may not easily withdraw, such as in an... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict because tenant stop paying rent for no repairs and cockroach infested we put our rent money toward

One of the tenants are disabled the other one has a asthmatic machine. So what can we do legally to get our electric back on because they shut it off. We put our rent toward cockroach sprays and bug killer and bait and traps

Sandra M. Colatosti
Sandra M. Colatosti answered on May 4, 2022

Your landlord can start a non-payment eviction proceeding. You would be entitled to a reduction in the rent for breach of warranty of habitability, but not necessarily the entire rent.

2 Answers | Asked in Probate for New York on
Q: My mother has a will filed in Erie county ny She has passed away in a nursing home . She has no outstanding debt of any

Kind .all she has is a small joint checking account of 13,000 dollars. It is in her name and my name her daughter and I am executor of her will . Do I need to file probate or can I just close the joint account with proof of her death . There is no home or property or assets of any other kind . Ty... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on May 4, 2022

If you are a joint owner it is your account as much as it was hers. No need to probate her will.

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1 Answer | Asked in Real Estate Law and Tax Law for New York on
Q: Can my parents gift equity of the home we are buying from them to our son as well?

My husband and I can get gifted $16,000 each and from each parent without triggering any gift tax. The total gifted equity amounts to $100,000. If we can include our son as well then we could have $96,000 untaxed.

Michael David Siegel
Michael David Siegel answered on May 4, 2022

You are missing a key concept. There is a unified credit. There is no gift tax on any amount in this range. You are mixing lifetime giving with annual giving. If you have no idea what I am talking about, get a good lawyer or accountant for whatever you are doing.

2 Answers | Asked in Immigration Law for New York on
Q: Hi I filed a petition for my wife and stepdaughter but so far only one has been scheduled for interview

Her interview is set for this June 3 but I’m wondering if I have to be their for her interview and then also go to the other two petition seperetly after they are scheduled or should I reschedule the youngest interview the interview is Dominican Republic and it’s a I-130. For all three all the... Read more »

Namita Agarwal
Namita Agarwal answered on May 4, 2022

Yes, you should attend a marriage based interview if filed in the US through adjustment of status. It would be worthwhile to understand what happens at time of interview as well. Good luck!

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1 Answer | Asked in Family Law for New York on
Q: After 3 years our family court lawyer has been changed and we are worried about the outcome and our representation

We are unsure of what to do our previous lawyer already had a plan for dealing with the person who keep petioning us now he is supposedly unavailable and trying to explain 3 years of family court petitions in which every one that was filed was dismissed and absolutely immature ridiculous false... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 4, 2022

The new attorney will get the full file from the old attorney and the attorneys can discuss the case and the plan the original attorney had so there should be no problem

1 Answer | Asked in Civil Litigation for New York on
Q: I may need an attorney for a civil law suit concerning online sales business. I live in NY state and need to sue someone

the person i have to sue lives in valparaiso and i need help. it may be under the 10K small claims limit or more. Thank you

Tim Akpinar
Tim Akpinar answered on May 3, 2022

You could search for attorneys independently on your own, you could use the Find-a-Lawyer feature (the tab above to the left), and you could also check with the New York State Bar Association, among other resources out there. See the section on their website called "For the Public." Good luck

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: hi, my name is ivan, can the court decision from country Georgia be effective in New York on child visitation?

I am not married to my son's mother and I am not listed as a father on my son's childbirth certificate.

I filed in family court in NYC but she took the child overseas to Georgia Tbilisi.

because the pandemic wasn't going anywhere.

I came to Georgia Tbilisi... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on May 3, 2022

The asker should file in New York. An eastern European proceeding will be challenged by the mother as having been created of fraud. That gives an American court an easy out not to enforce the foreign order and all the proceedings that led up to an order to include a paternity test.

The...
Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Do I have to pay fees for employment authorization renewal application

Immigration law

Agnes Jury
Agnes Jury answered on May 2, 2022

Typically yes but use USCIS's fee calculator to confirm: https://www.uscis.gov/feecalculator

Best wishes!

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