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New York Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for New York on
Q: my dad is the trustee of an irrevocable trust, my sister forces him to make a will and he is not of sound mind (parkinso

He has parkinson's and dementia, been taking medication for hallucinations since 2014, my sister forces him and to go make a will under duress, and in her best interest!

Please help me, I don't know how to stop them, and they are doing many other illegal things!

Thanks

Vincent

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 17, 2024

Hello Vincent:

If your father is no longer of sound mind and is being coerced, you may need to petition the court for guardianship over him. This would give you legal authority to make decisions on his behalf, preventing others from taking advantage of him.

1 Answer | Asked in Uncategorized for New York on
Q: Question about legal fees.

I Am the executor to my father’s estate. We are in the final phase and I need releases from the beneficiaries. I have received all but one. I and the other beneficiaries have tried numerous times to no avail. It will now go before the judge for judicial approval at much more cost in legal fees.... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 15, 2024

While you can certainly ask the judge to consider charging the extra expenses to the uncooperative beneficiary, the decision ultimately rests with the court. Your attorney may be able to present the strongest possible case for this request during the judicial approval process.

1 Answer | Asked in Uncategorized for New York on
Q: If a female is living with male boyfriend and his mother decides to kick her out. They live in Poughkeepsie New York.

Mom and bf own the property.

Girlfriend gave him around 30,000 . The mom has sent her a letter that says she must vacate in next two weeks the mom does not live there.

Is there anyway she can get back any money?

James L. Arrasmith
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answered on Oct 18, 2024

I'm sorry you're going through this difficult situation. In Poughkeepsie, if you don't have a lease or rental agreement, your rights as a tenant might be limited. Since the property is owned by your boyfriend and his mother, they have significant control over the living arrangements.... View More

1 Answer | Asked in Uncategorized for New York on
Q: Can I register to vote?

I’m going to oath ceremony 7 days before election, in ny the deadline is 10 days before Election Day, can I register to vote now, even I haven’t yet got certification, but on the day of the election I will be eligible to vote?

James L. Arrasmith
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answered on Oct 14, 2024

I recommend visiting https://www.canivote.org/ where you'll find the latest information from your state or local election authority.

1 Answer | Asked in Uncategorized for New York on
Q: Was it legal for the impound to sell my car even though I had a court order from a judge saying to return my property?

My car was impounded when the person driving it was arrested. The car sat in the impound collecting storage fees as I was trying to come up with the money to get my car out. I was able to, though, get an order signed by a judge stating that ALL fees from the impounding of my car be waived and my... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry you're going through this. It's important to consult with a qualified attorney who can provide guidance based on your situation.

1 Answer | Asked in Uncategorized for New York on
Q: What document must be filed to clear the title of my property?

It has been 20 years since my release from prison, therefore I am no longer liable to pay my fine. This is pursuant to 18 U.S.C 3613(b).

I have received a letter stating this from the US Attorney's office. What documentation must be filed to clear the title to my property?

A... View More

James L. Arrasmith
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answered on Oct 10, 2024

To clear the title of your property in Suffolk County, NY, you will need to address both the judgment and the lis pendens recorded against it. Start by filing a motion to vacate the judgment with the court that issued it. Include the letter from the US Attorney’s office as evidence that you are... View More

1 Answer | Asked in Uncategorized for New York on
Q: What are the odds of just getting community service and paying a fine for first time petty larceny?

Its only up to 100 dollars, and the defendent knows they wont go to jail and feels bery remorseful and will pay a fine or restitution, but may also not be able to get a lawyer

James L. Arrasmith
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answered on Oct 10, 2024

For a first-time petty larceny offense involving up to $100, the chances of receiving community service and paying a fine are relatively good. Courts often consider factors like your remorse and willingness to make restitution when deciding on a sentence. Demonstrating that you understand the... View More

2 Answers | Asked in Uncategorized for New York on
Q: Can my sister give me her share of inheritance of my grandmother house in Puerto rico
Tim Akpinar
Tim Akpinar
answered on Sep 26, 2024

You might be able to get additional input from attorneys who practice in Puerto Rico where the property is located. You could repost and select "Puerto Rico" as a state/territory, also including "Probate" and "Estate Planning" as categories. Good luck

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2 Answers | Asked in Uncategorized for New York on
Q: Yes, a person can bring a lawsuit against someone who has caused financial and property loss through harassment. Harassm

1. Intentional Infliction of Emotional Distress (IIED): If the harassment was extreme and outrageous, causing severe emotional distress.

2. Trespass: If the harassment involved unauthorized entry onto the victim's property.

3. Conversion: If the harasser interfered with the... View More

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2024

The short answer is that such legal theories are generally actionable. But most attorneys would want to know more about each particular cause of action to advise meaningfully. It would be fact-specific. An attorney would probably suggest a consult (which might or might not be a free initial... View More

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1 Answer | Asked in Uncategorized for New York on
Q: we gave our daughter down payment and we live with her, now shes getting divorced, can we get our money back?

house is in her and her husbands name.

James L. Arrasmith
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answered on Sep 8, 2024

Getting your money back from the down payment you gave your daughter can be challenging, especially since the house is in both her and her husband's names. Typically, once money is given for a down payment and the property is purchased, it becomes part of the couple's marital assets.... View More

2 Answers | Asked in Uncategorized for New York on
Q: Can I change my name while multiple credit card companies are suing me?

Hello, I am planning on changing my name legally (for personal reasons), but before the process is over, multiple credit card companies will sue me for non-payment and I will not show up to court because I will not be paying my debts because I will be leaving the country and never coming back, will... View More

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2024

As my colleague correctly advises, the name change and collection processes are separate. From your post, it looks like your reasons are personal, and not for evasive motives. However, that doesn't change the fact that it could be a case of bad timing in terms of the appearance of things. It... View More

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1 Answer | Asked in Uncategorized for New York on
Q: Is it legal to host an online pay to enter esports tournament with a cash prize? In this case NBA2K, in NA East server.
James L. Arrasmith
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answered on Sep 8, 2024

Yes, it is generally legal to host an online pay-to-enter esports tournament with a cash prize in the United States, including for NBA2K on the NA East server, but there are important legal considerations to keep in mind. The legality depends on the laws of the state in which you are operating and... View More

2 Answers | Asked in Uncategorized for New York on
Q: Can a lawyer retrieve mail being held at USPS and forward it to the client in Canada.
Tim Akpinar
Tim Akpinar
answered on Sep 6, 2024

If client wants attorney to do so and gives authority to attorney, they can usually perform such tasks on behalf of client. However, it would be best to check with the U.S. Postal Service in terms of what THEIR protocols are, and if they allow it, what would be needed at the customer window -... View More

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2 Answers | Asked in Uncategorized for New York on
Q: I am based in France and would like to create a LLC for my mobile application in NY. What steps should I take ?

My mobile application will launch in February 2025 and I would need financing and investors in the long term.

Jack Mevorach
Jack Mevorach
answered on Aug 27, 2024

You can visit the NYS Department of State online and file Articles of Organization there. Are you seeking to open a New York bank account? If yes, investigate that first, before forming the LLC.

Jack

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1 Answer | Asked in Uncategorized for New York on
Q: When would a person be considered a defendant when contesting a fine?
Tim Akpinar
Tim Akpinar
answered on Jul 22, 2024

The term "defendant" is commonly used to identify the individual being fined on many forms of municipal tickets. Tickets or summonses may also use the term "respondent." Good luck

2 Answers | Asked in Uncategorized for New York on
Q: What is a person called who contests a fine, objector?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 5, 2024

Assuming you have to appear in court or before some administrative tribunal, you would likely be referred to as the respondent.

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1 Answer | Asked in Uncategorized for New York on
Q: What is a person called who contests a fine, objector?
Tim Akpinar
Tim Akpinar
answered on Jul 4, 2024

It could be a defendant. It could be a petitioner. Check the paperwork - sometimes the wording of a citation will include this. Good luck

1 Answer | Asked in Uncategorized for New York on
Q: Received an email "After consideration, we have decided to adjust your salary procedure from 40 hours guaranteed..

...per week to hourly based." Do I have a legitimate gripe? Thank you.

Tim Akpinar
Tim Akpinar
answered on May 8, 2024

This is something that the employment law attorneys here would have the most insight into. But your question remains open for a week, and it's possible it was overlooked under the general "Uncategorized" heading. Some questions here do go unanswered, but you could try reposting and... View More

1 Answer | Asked in Uncategorized for New York on
Q: I bought 30 shaker bottles for a company they all shipped and arrived. Can they ask for it back or ask for compensation?
Tim Akpinar
Tim Akpinar
answered on Apr 24, 2024

It sounds like you may have been acting on behalf of the company in buying the bottles. If that's the case, then it's likely they will expect them. Good luck

1 Answer | Asked in Uncategorized for New York on
Q: Hi was in a relationship and didn't work out I needed person level my home
James L. Arrasmith
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answered on Apr 17, 2024

I'm sorry to hear that your relationship didn't work out. Breakups can be very difficult emotionally. It's understandable to want to make some changes to your living space afterward, to help process the transition and make your home feel like your own space again. Here are a few... View More

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