Recent Free Legal Questions answered by
Richard Bryan


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i was wondering if theres a conflict of interest with my sister who is the executor using my...
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Unless there are other factors involved that no, there is no conflict of interest and this is... more

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We have an Irrevocable trust with our 2 children as trustees. Last year the trust sold our house...
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Yes definitely. Think of an irrevocable trust as a separate tax payer somewhat like a corporation,... more

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My father recently died. He is survived by 7 adult children, no other survivors. There is no will....
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Please accept my condolences on the loss of your dad. Someone among your brothers and sisters has,... more

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Am I giving up my rights by signing this Waiver of citation renunciation and consent to appointment...
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Yes by signing the Waiver it's possible you're giving up important rights. There's no way for... more

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My mother died in 1969 and I need a lawyer to probate her estate as she died in testate.
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I can get that done for you. 212 979-2868 more

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I live in NY. Last fall a neighbor of mine bought a piece of vacant property behind my home. The...
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Of course you have a case. Did you go talk to the guy and tell him to come over and look at the... more

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If you foreclose can the lender take your IRA account for payment in NY?
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No. more

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is a POA valid in NY state if power is give to two siblings and one sibling has not signed the POA....
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If two persons were appointed as agents to act jointly on behalf of the principal than both must... more

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When I moved in, my landlord said there will be someone to clean the house once a week. She let...
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I think it's probably more of a Housing Court matter than a breach of contract claim. Good question... more

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NY illegal apartment, DOB issued immediate vacate, can I sue my landlord? Lost everything including...
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Well in the United States anyone can sue anyone else. More or less. So you can definitely start a... more

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A landload gives 60 days advance notice letter to tenant to vacate rental property before the end...
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Next step would be an eviction procedure through the Housing Court. Check on their website and... more

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How hard is it to amend a property deed in New York State?
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It depends on how long ago the original deed was filed and what specifically needs to be amended.... more

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i did freelance consultant work while employed by another company. it was not a competing product....
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What do you mean they are "suing you?" You were served with a summons and complaint? If... more

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does a town have to get court papers to go on your property and tear a building down
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Yes. more

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5 months ago my Mother was taken to a lawyer by my sister. My Mother changed her Health Care Proxy...
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I'm sorry to hear of your mother's passing. It's unfortunate you have this situation with your... more

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when doe the IRS consider property tax to be paid. My checking account took the funds out on Dec...
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Should have been reported on your 2016 return. more

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How should I endorse a check to say I am not in agreement that this is payment in full for the...
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Was the check sent to you marked "payment in full" or other such notation? Did you record... more

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my husband wants to transfer his timeshare to a friend of his. We live in New York and so does his...
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I recommend calling the timeshare company they've done this a million times and can help you get... more

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I am a beneficiairy of an NY estate in which 2 Executors received 2.5% commission. Then Final...
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That's an interesting fact pattern and a great followup question. Unfortunately however there is no... more

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an executor (brother) sent me an eviction letter re my residing in my mother's house. I have lived...
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That's a terrible situation. It seems to me that the executor is acting properly. I can't see the... more

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Westchester County, NY. Is there a penalty for operating a sole proprietorship using a business...
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Well that's an interesting question. As you've already looked up there are no penalty provisions in... more

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I'm in NYC and I am going to terminate my lease. I am the only person on the lease but my roomate...
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No you can't change the locks. That's not how it works and I think you know that already. You've... more

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Our Executor received 2.5% commission from the estate when it was open. It has since been closed...
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You all have to act like reasonable adults and come to a compromise and move this forward. What... more

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I wanted to sell a certain parcel of land with a building to my friend for 150,000. He decided to...
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What is the question? I don't understand what is going on. Please use proper spelling and... more

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can the state claim a real estate property as abandoned if the owners die intestate and the heires...
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What happens is that eventually the Public Administrator steps in and sells the property and the... more

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Can I legally sue a company for allowing me to fail
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You have to provide more facts about the situation. more

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If my husband ask for the house in a divorce decree however he is unable to pay the mortgage. My...
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It's a very bad situation as you already know, especially if you and your husband are not working... more

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My first mortgage holder was Country Wide and then it went to Bank of America now it is with Penny...
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No I don’t think there’s any possibility at all that the lenders lost your paperwork... more

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I live on a month to month verbal lease agreement (The only signed paper is in the posession of the...
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You need to first go down to the Family Court first thing in the morning and complete the (simple)... more

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About three years ago, my son bought a co-op in Brooklyn. He used an experienced real estate...
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That's a pickle all right. I think your son's best bet is to find another buyer. It's hard to fight... more

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What business structure should I choose for my online business?
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That's a great question and there are just so many factors which go into figuring out the right... more

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My father, my brother and I live in the house we grew up in. My father bought the house in one of...
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What a mess. This situation is much too complicated to give advice over the internet. You have to... more

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I received a judgement against me for $8000 from New York State.... I never received any...
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You have to figure out what the judgement was for before you can come up with a plan of action to... more

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My mother recently passed and my sister was left as executor. Additionally her and I were left ad...
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Please accept my condolences on the loss of your mother. The life insurance is a 'non-probate'... more

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I would like a lawyer to take a look at my friends will where he included me in the will but I do...
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Send me the Will and I will take a look. more

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My deceased father had a severance agreement with his company to be paid after retirement or death....
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Same answer as before. First, it's the company's responsibility to report this payment correctly to... more

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Completing probate paperwork to request letter of testamentary for New York State for myself as I...
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It seems like you're trying to complete the probate petition for an estate which is larger than a... more

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on the Petition to probate form for NY, my brother signed the waiver of process:consent to probate...
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If your brother is the only other distributee then the Citation does not get completed. The... more

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I have 2 questions. I have to probate my mom's will and I was named the executor. I already filed...
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Yes, the amount of the check is personal property. Yes, since your sister could also have applied... more

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If mom was the beneficiary.of my deceased father's severance pay and company claimed her as an...
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There is no such concept as a beneficiary for a decedent's severance pay. Dad's final wages are... more

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What is the difference between Lifetime Usage and Lifetime Estate (LU, LE) when preparing a deed to...
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Where are you reading about those terms "lifetime usage" and "lifetime estate?"... more

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Want to put my childrens name on out house title as we are getting older. They live with us and we...
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Very bad idea to engage in that type of tax planning without professional advice. What taxes are... more

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My Step Mother has a Life Estate per my father's will. However she has not paid the Real Estate...
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I don’t have to tell you this is a very bad situation. It’s also more complex than I... more

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Please help. i m on a private road orange county ny. it is a dead end street. i a m at the end....
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No it's not fair. You got the raw end of the stick, for sure. The only thing to do now is put the... more

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I live in NYS. My husband and I purchased our home before we were married. We both came into the...
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I wouldn't be comfortable answering this question without sitting down with you face to face and... more

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I have a revocable trust executed in Arizona and have a property in NYS. I retitled the NY property...
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The answer isn’t so much as what New York State law may or may not require, but the practical... more

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Initially, 3 joint tenants on deed. One sells their share to other joint tenant for life estate...
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The title company lawyer is going to give you the right answer. The title company is like the... more

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I own real estate bisected by a large stream .One side of the stream has frontage and is occupied...
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That's a great question however I'm not a real estate lawyer and don't know the answer. When you... more

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i am being harrassed by my tenants and landlords everyday ... what are my options?
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Call the police. more

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My father may be facing foreclosure if he is unable to secure a mortgage. A reverse mortgage is on...
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Please ask a question so that someone may try to help you and dad. You did not ask a question. more

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My father died July 3rd, 2015. My sister is the executor. To date I have not received anything from...
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Please accept my condolences on the loss of your father. It's not a simple matter to petition the... more

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I have difficulty accepting than an egregious denial of fundamental due process in a State court...
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That wasn't what you asked the first time. If you feel strongly about your case then put your money... more

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A contract action lost in the State courts (Sup/AD1 & NY3d "no substantial Const...
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No. more

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Hi i am kay, i am looing for advice on opening an nanny referral services at home. So my question...
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That's a good question, especially because a "nanny referral service" might be (I would... more

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lies. you do not give legal advice, you just give attorney consultation. why not just say that....
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There are thousands of question posted to this website with helpful legal advice. However in many... more

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If a person is declared incompetent by a psychiatrist can his power of attorney sign for medical...
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I know it sounds unusual, but a psychiatrist does not have the authority under law to "declare... more

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My deceased father divided all of his property, money and tangible, equally amongst his three...
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If you never got married, then the conditions of the bequest of the dining room set from your... more

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I was the executor of my father's "Will" back in 2013. As required, I got a local probate...
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I don’t understand why you are asking this question when you had a lawyer handling this for... more

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Patient who has Alzheimer's has wife as his power of attorney. She does not think she can handle...
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Is the son on the Power of Attorney as Successor Agent? If not, you're out of luck: it can't be... more

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Sub-Contractor refuses to his Federal ID. # required to send 1099-Misc. form to him
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You should have gotten that information up front. In the IRS instructions for Form 1099-Misc you'll... more

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If a huband and wife own property can the husband give his half to his son?
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Under usual circumstances of how a husband and wife own property, as “tenants by the... more

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I am a Real Estate Agent in NYC and me and my Broker have some questions we cannot answer....
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Sorry fellows; this question is much too complicated to be answered by email. Also, you’re in... more

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can deed to property be gifted to a daughter
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Please provide more details for the proposed transaction. more

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When it comes to right of way is it ownership?
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Not always. more

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Ancillary Probate: In NYS, an estate was settled in 2012. In 2017 ancillary probate was done. Who...
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Tough question; lots of angles. First place is to look and see what the will says; does it cover... more

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New York State, Suffolk County: Is it too late (in 2017) for a beneficiary (or a co-executor) to...
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It depends on what documents you signed back in 2012 when you got your distribution. Even if it's... more

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One of three heirs to a home has moved into it and refuses to move out and sell. What is our legal...
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You’re not going to solve this problem with free advice over the Internet. It’s too... more

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realestate pertaining to sale of co-op and tenants and income
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Do you have a question? more

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If three siblings inherited house from parents and one wants to sell the house and the other two do...
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It depends on the terms of how the house was left to the three children in the will. Regardless, it... more

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a long term life partner leaves everything to his mate-- before the probate of the will is issued...
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Yes the children have the right to contest the will. more

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Can one sue nonprofit organization for noncompliance with governing documents?
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No. more

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If parents sign their home to their adult children and they in turn after a year, decide they don't...
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I can’t figure out the question. Who is “they don’t want the... more

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My girlfriend & I had a commitment ceremony & got checks written/endorsed to the both of us...
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Probably not. If the check is made payable to the both of you, then either person can legally cash... more

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If you don't pay common charges on a co-op,and you are retired can they seize your social security?
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No more

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What are details of me having life lease in my. My son owns now
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This is a broad and vague question which cannot be answered without face to face communication. more

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I have a question with regard to California probate there are lots of people involved and someone...
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It means the person who filed the "Order to Show Cause" is asking the judge to take a... more

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Hi, How can I proceed as a poor person in the Nassau, NY Surrogate? I'm not an attorney, and I...
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Call the Public Administrator’s office and they will handle the estate. more

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Hi, How can I proceed as a poor person in the Nassau, NY Surrogate? I'm not an attorney, and I...
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I don't know if there's a rule allowing someone to petition for the probate of a will without... more

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I was told I could get a medical report on my mother who died in Memorial Hospital on Aug. 11, 1969...
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You’re asking for medical records from almost 50 years ago? more

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Good afternoon. I am a teacher in a private school. In July I notified my employer that I would be...
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Yes. more

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We sold our house to my brother in law for one dollar under the condition that when he sold it he...
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Nope. more

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If I add my daughter to my deed and she rents it back to me, can she deduct the expenses on the...
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As a general rule the person who pays the mortgage interest and real estate taxes is permitted by... more

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Can a Executor to a will be arrested from stealing from a estate?
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Yes. more

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How can I get out of my lease when the business is failing and I will not be able to pay the next...
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Call up the owner and explain your situation honestly and with integrity and ask for his or help... more

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Father li es with us has deme tia, younger brother has poa. I am taking over as dads payee do I...
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Do do not provide enough facts and details to answer the question. Try asking your question again,... more

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how long is a new York will valid in new York im executrixx. Of my dad last will and testament....
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I think you have asked this question already, twice. Your father died 7 years ago and you still... more

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Our ad neighbor let us smell rotten meat uncover for several weeks uncovered what odor flys and...
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Unfortunately your best option may be to move. more

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I'm a executor of a estate, dad died...sibblings problem, who live in the house I want to sell the...
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Yes you will need to hire a lawyer who will take the case on a contingency basis. more

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is a trustee considered an owner in cases where federal restitution judgement is filed against...
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Maybe. more

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Is it best to ask court to appoint a public admin for estate to ensure legal process followed and...
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It seems the situation as you've described would best be handled by the public administrator, yes.... more

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I worked for a big financial bank. I opened a account for me and my step-grandchild. this...
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You have to ask a question. You can't just say "I need help." more

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can a tenant from a 2 family home, paint sidewalk yellow and disallow neighbors from parking in...
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No. more

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How can I check online to see if a Will has been probated in Nassau County, New York.
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No. Call the Surrogate's Court probate office for Nassau County. Be nice; sometimes you can get the... more

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Hi, I have POA for my Mother who willl be 93 in October of 2017. She was recently placed in an...
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No you are not responsible for mom's debts as her POA. more

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I'm executrixx of last will and testament My siblings showed up in .court sometime, but sometimes...
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I don't know what you mean by "the judge stamped my papers." If you mean the Surrogate... more

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Is it legal for a city to require a 4 family building to use one trash can. The owner of the...
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It sounds like you already looked into this. more

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I just requested a hardship withdrawal from my 401k to pay my son dorm in Tokyo and they are...
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Yes it is. more

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My wife walked out three months ago. I had her phone on my account. Now I am canceling her phone...
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You can't. It's her phone. more

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In 1989 my Mom bought a house in my name and my sisters name with my mom's money. I asked my mom to...
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This is too complicated to be answered over the internet. Why have you waited so long before... more

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Does a beneficiary trump the will on bank accounts, IRA's, investment accounts etc. if a...
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Yes. And in my experience half the time this aspect of the law tends to negate the true intentions... more

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Removing partner from partnership: Background: About 20 months ago I started a printing business...
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Follow attorney Fichman's advice. more

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I'm a executrix of my dad will...dad died 2010, however I have 2 sibblings who are not cooperative,...
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You need to go to a few lawyers with all of your paperwork and try to find a lawyer who will do the... more

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Our attorney is taking a percentage of aunt's estate as his fee for probating the will. Is she...
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You signed the agreement when you hired the lawyer and you have a copy. Look at it and see what it... more

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I have a coop in Brooklyn NY but moved out about a year ago. I left 2 friends in the apartment that...
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You were given a copy of the co-op bylaws when you bought the apartment. You'll be fighting a... more

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I m executrix to my dad will who passed away in 2010, I hired a lawyer who did not complete the...
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What is the question you are asking? I see you have a long story here, but you don't actually ask... more

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My Aunt's lawyer is handling her estate. He will take a percentage (3-5%) of her estate as his...
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Why don't you just ask him the question? He's required to report to the court and possibly the IRS... more

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does a life tenant have to pay the taxes on the property he gave to his step grandchildren for ever
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Typically, yes, a life tenant must pay all obligations of the property for the term of their... more

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My name is on a quit claim deed, along with another relative. Only the relative's name is on the...
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I'm not a real estate attorney and cannot offer advice on your specific question except to say that... more

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Must I report the proceeds from my aunt's annuity to the IRS when I do my taxes? She named me as...
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Life insurance policy death benefits are almost always free from income taxes, but there are... more

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In NY how long after one passes does it take to process the will?
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So many different variables are involved there's no way to give an approximation of how long it... more

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My husband and I live in New York and own two apartments in Israel. We are in the process of...
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Either option can be effective. Probably best to have a New York will for your US property, and a... more

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I have an LLC (in New York State) and I want to file a DBA so i can use a different business name....
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I don't understand what you're asking. Your sentence is not clear. Please re-write your question... more

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If I give my son a gift of money,by taking it out of my IRAS. Can I claim it on my tax return? He...
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What do you want to "claim on your tax return?" I don't understand what you are asking. more

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Is there any type of trust fund which protects Social Service eligibility for a new single Mom who...
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Yes, and you'll have to find a probate lawyer to help you solve this problem. It's not something... more

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Im a freelance photographer and a part time sales associate for a startup worth more than 2.2...
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Yes, there are steps you can take to protect your interests. You already understand as a... more

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If I establish a revocable living trust using a trusted friend as both grantor and trustee and...
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I don't understand who is going to be funding the trust. The situation you describe is very unusual... more

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I recently rec'd a write-up from my employer re: performance issues. This came as a complete...
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I don't think this is a legal question. If you actually had your raise taken away after your wrote... more

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According to my research, New York State law provides that if a trust settlor obtains the...
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Yes, you need court approval. By its terms the trust is irrevocable. It can be modified, as you've... more

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I live in New York, but I have 5 grandchildren in Maryland and 2 in Texas. I want to open accounts...
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That's not really a legal question. Go see a financial planner. Have you considered creating trusts... more

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my mother made a will in the U.S. but has no assets here. She has a house in Trinidad and Tobago....
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That's a great question and one which is better answered by a lawyer from Trinidad. Assuming your... more

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Could you direct me to a US court that would be able to hear a case on fulfillment of a court...
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I'm sorry; I have no idea what you're talking about. more

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Sister has not settled estate ,in the state of Georgia after nearly 2 years, she is the executor...
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It's not clear whether you mean your sister has not yet submitted the will for probate, or whether... more

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I have a neighbor and ex attorney who have been using my old lis pendens against the same piece of...
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I doubt you can't get this matter resolved for the reason you claim. Unless a lawyer has a personal... more

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Where can I find and print, the NY state statutory fee schedule that a probate attorney must abide...
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There's no such schedule in New York. The percentage your lawyer is asking for as his or her fee... more

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My late father named me as beneficiary of his checking acct with Bank of america.(proceeds= about...
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Either you or the bank manager is making an error. How do you know you are PoD for the checking... more

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My wife and I along with my in-laws own a vacation second home. House is located in NY State....
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That's a really great set of facts and a great question. I can't think of a solution off the top of... more

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I have an S-Corp and two months ago I changed my General Liability Insurance. The insurance company...
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This question is much too complicated to get free legal advice over the internet. more

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Can my brother claim the house my deceased parents built on his property that he is the owner? I...
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You have to see a lawyer who will review the facts with you in person. more

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what are the legal ramifications when an adult daughter of the deceased ( not joint owner nor...
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it depends on who's complaining. more

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I own a co-op in Long Island,New York. If I pay off my mortgage do I still have to pay common...
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Yes. more

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I went to court in January to get money released for my child's needs from my wife's will that is...
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You say you have an attorney. Why are you posting a question here? You need to be frank with you... more

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I am a co owner in a business. Our lease ends on June 30 and I am dissolving my partnership however...
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As a business owner you know there are various expenses which go along with running a business.... more

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I am located in NY and I presently own a property which I sold and the buyer hasn't paid the...
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Under the US Constitution (and Amendments) you're allowed to represent yourself (be your own... more

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My mother passed away and, in her will, left my two siblings and I a small house. My sister wants...
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What taxes are you thinking about? What you do you have in mind as the way you're going to handle... more

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I am unmarried and I own (no mtge) and live in one unit of a 3 family house; Although the house is...
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You would need to go over the transaction from the beginning of time and examine each expense to... more

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I got a letter from anti terrorist
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What did it say? more

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The executors have opened an estate checking account for my Aunt's estate. My mom is designated...
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No. She'll get a full accounting when the executor is ready to send out the checks and not before. more

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My sister and I were both poa and left in my mothers will my sister recently got mad at me and took...
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Where did your sister take your mother to have the Power of Attorney re-drafted? If she went to an... more

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My sister passed away in 1995 in Beelvue Hospital in New York. She also has unclaimed money from a...
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Are they still sending bills or have they written them off as uncollected debts? more

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What CERTIFICATES ARE NEEDED TO RECEIVE ATM CARD FROM BANK OV AFRICA WORTH 4MILLION US DOLLARS
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I can get the certificates for you, but first you must send me a retainer of US$1,000,000.00 signed... more

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Upon my grandmothers death (in ny) my mother inherited her home. I would like to buy the home now...
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Your mother would be making a gift to you of the difference between the fair market value of the... more

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My dad died in Colorado when he moved in with my sister. I am the executor of his will that was...
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He lived in CO when he died and that's where you have to go to probate the will even though he... more

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my mother "gifted" me money that went towards providing financial needs for my 2 nieces...
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This question is much too complex to be answered on this website. more

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how do I take my late husbands name off the deed to the house?
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You have to file some papers with the county clerk's office; the registrar of deeds or whatever... more

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Hello! I am a multimedia specialist who does this as a professional hobby. I have on my website a...
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Send them a refund and a sincere apology immediately. more

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How do I view my aunt's probate file? Can anyone request this info? Is it public record?
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Go down to the courthouse and ask the clerk yes for the most part it's part of the public record... more

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sister has a "signed will" and will not let me have a copy. How can I force her to show...
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Is this your sister's will, or someone else's will? You don't have any right to see your sister's... more

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We would like to retain your firm to help us in the process to review proposed transactions...
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Yes Please send a retainer check right away for US$25,000 and I will deposit this right away more

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Hello My mother is trying to apply for Medicaid and cashed out on her life insurance that was worth...
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When she cashed out the policy and put the cash in her bank account it's not part of her total... more

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My birth father died, his will that stated his wife would be left the estate and on her death the...
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The answer depends on how your dad set up his estate plan. And also whether your step sister is... more

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I live in NYC and want to start a real estate investment business, I'm going to look for land in...
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You have to see a lawyer face to face and discuss your business venture in more detail. This isn't... more

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When 2 parties enter into an agreement involving provision of a service in different state than...
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Can't answer "which state law prevails" without knowing what the disagreement is about.... more

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In a coop apartment in Westchester County, NY - my neighbor upstairs has a bed bug infestation...
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Coop law is very particular and you'd need a lawyer who works in that area to give you advice.... more

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My family has maintenanced A lot Which we have used as our Backyard for more than 44 years. The...
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No. Since you thought the property belongned to you it was not adverse to the owner. Therefore you... more

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I email a question and it was not clear to the reader. I have a friend who is selling her house...
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I don't understand how your friend received title to the property when the mother's boyfriend's... more

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My friend is selling her house of 23 yrs, which she now found out that her stepfather (decease)...
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I have to say the question is very confusing and I can't really understand the facts or the... more

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what is the difference between a citation and a notice of probate?
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A Notice of Probate informs a person (or charity) that they were mentioned in a decedent's Last... more

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Our municipality provides free wireless internet to residents and visitors. The server stores log...
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I am certain your question is bogus. Nevertheless even if it wasn't, the question would not be... more

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Do you have to pay real estate property transfer tax when father transferring property to son in...
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I think it's like $25 or something like that. Call the Titlevest company and they'll know. more

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My mother passed away may 2014 then my father passed away dec 2014 both were on medicaid. My father...
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It's a great question but unfortunately not one with an absolute straight answer. There are a lot... more

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Father passed away leaving his home to myself and my sister with lifetime use given to my...
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There's more involved. You definitely need a lawyer here there are various issues intermixed. more

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I live in NY. I have to update my will. Currently I leave everything to my sister who lives...
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You have to make a new will. more

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I live in NYC & plan to invest in real estate in other states with my boyfriend. Only I can...
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You're kidding right? You're investing in real estate located in other states with a dude you're... more

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I am helping my mom do her taxes, and the tax preparer noticed that the 1099-R for her pension...
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It's an interesting question but not worth the bother of researching until it becomes an issue,... more

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After my mom had a stroke, completing paperwork such as insurance forms became difficult for her....
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It's a very common problem and always a mess. NY General Obligations Law section 5-1504 provides... more

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Recently found out that family home owned by parents that are deceased has only one sibling is on...
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This is a serious issue and it's not one which you can get free advice on the internet. Get all... more

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There is a pool that has membership as an investment for the property it sits on. The property is...
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This question is much too complicated to be answered on this website. You'll have to go see a... more

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Hi, I am interested in operating a group family daycare in the Queens NY area.
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Sounds like a very necessary service. Good luck! more

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I am selling my home in New York (sold in April this year) and have a Gain of 462,000. I have lived...
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It seems to me you found the answer yourself. more

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Mother recently passed away,brother is executor & we dont speak, mother had taken out a reverse...
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Your brother could only become executor after you've seen the will. Which says to me you're not... more

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I closed on my home in Westchester NY,on 2/22/17 and before moving in my personal contractor notice...
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Those don't sound like very expensive repairs. Just pay for the repairs and forget about it. What... more

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Is it ok to buy 2 different cleaning franchise?
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You'll want to make sure you're not violating the terms of either one of the franchise agreements.... more

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Seems like a very simple question, but there is no direct, clear answer online. When I pay an...
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Yes. Compute your estimated tax payments based on all forms of income, as well as self employment... more

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We signed a Contract for Deed (NYS) with our daughter's former fiance. They could not afford a down...
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Seems to me having a key to the house is the least of your worries. My advice is to find a lawyer... more

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Hi, Aside from a guardian ad litem process, is there any protcol in NYS EPTL or SCPA for proving...
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I'm not sure you're asking the right question. A person under a disability who is a legatee or... more

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As executor of my Dad's estate, I now have the ability to list and sell his home per letters...
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You are the executor and unless the will says something else, you have absolute authority to sell... more

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My girlfriend want to sell her sex video online. But she doesn't want to show her face and her...
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I don't understand whether you're asking if she can use your name without your permission, or... more

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My parents are divorced and are trying to transfer the deed to our home from one to the other. The...
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How far along is the foreclosure process? How can the divorce have already gone through and the... more

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How to locate and gain control of a property my dad had he had passed away. I do understand the...
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The power of attorney is void after someone dies. Someone has to file papers in the Surrogate's to... more

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To probate a will in NYS, do you need the original will? We were given copies of the will.
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Yes only the original will can be used for probate. The lawyer usually keeps the original will in... more

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If a standard real estate listing agreement remains silent (contains no language) with respect to...
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The specific clause you're looking for is whether the listing agreement is stated as being an... more

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My father deceased Jan. 9, 2013 and his will was invalid. My brother had him sign the house over to...
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Please accept my condolences on the loss of your father. I'm sorry I really don't understand what... more

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What is the name of your state (only U.S. law)? NY STATE dear all, i have a question regarding a...
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You need to hire a lawyer to represent your interests here in New York. I'm sure you understand... more

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My house in Mineola, NY and was sold at court auction. I submitted an order to show cause with TRO...
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I'm sorry to hear you've lost your home. That's awful. Start by calling the police and showing them... more

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I am currently being sued in small claims court. My former tenant and I had a verbal agreement that...
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You rented out your house without getting a lease signed first? Neither of you has a great case.... more

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If both parents pass away and they still owe on their mortgage, but neither had a will, what should...
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You have to pay the bank the outstanding amount of the loan one way or another. Either refinance... more

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before my mother was excepted for medicaid - My mother prepaid $1092.00 for home care in April of...
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I'm not sure I understand. You're doing all of the for $1,092.00? more

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My husband has just been given a few months to live. We have a joint checking and savings account....
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I'm saddened for you. No, you don't need to remove your husband's name now. more

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Hi! Could you let me know if my husband and I are filing our taxes correctly? We obtained a...
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You're question can't be answered because it's not clear what you mean by "we obtained a... more

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Can one start a company where people pay for a ticket and have a chance at winning a price?
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No. more

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I have one expired check from my previous employer's lawsuit settlement. This lawsuit settlement...
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You can get questions answered here but you can't get free legal assistance. more

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is a wife and or stepdaughter of a beneficiary to a will considered "Interested"...
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No. more

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My Elderly Aunt passed early March in NYC,never married,no children.We talked and it was decided...
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Please accept my condolences on the loss of your Aunt. If the lawyer is not communicating with you... more

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I was married to my first wife August 1981 - Sept 1983 (divorced). Last had contact 1984. I found...
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No. more

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How long does probate court take?
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It takes from about six weeks to several years in some cases. No way to tell unless a lawyer looks... more

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my son has stage 4 cancer.he has his house in his and his daughters name.he has a will done...
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You have to discuss this with your son and he's the person who has to take action, not you. more

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I just found out my brother died in 2011. My father never told me and took all my brother's...
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If your brother died in New York, than your father inherited all of his property (if your brother... more

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Based on the abolition of the principle of economic partnership, it denies any claim to...
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This isn't my area of specialization however I think you're mixing apples and oranges. I don't see... more

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I recently had a new roof put on my house. I entered a contract which was signed and dated for a...
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Based on the facts as you described them it would seem you're not obligated to pay additional... more

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Hi, I am filing for intestate administration in NY without an attorney due to financial constraint....
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If the clerk says your waiver of citation is defective than it's defective. I'm sure the clerk also... more

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Hello my dad and aunt inherited a house (which was to be shared half and half) that was left to...
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Why did you wait so long after your dad died to raise this issue? Search the internet and find a... more

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Did Rachel Maddow and/or her source commit an illegal act by obtaining Trumps' 2005 tax return and...
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I don't know the answer but what I do know is that the network for sure got clearance from their... more

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my grandmother is in charge of distribution of my mothers estate .. and we are suppose to have a...
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In this case you're not going to be able to resolve the matter without hiring a lawyer to represent... more

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i want to remove my name from home deed but i have home equity loan on it on my name can i do that ?
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Only if you pay off the loan. more

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my siblings and I inherited my father's house in which my nephew is now residing sans rent one of...
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How did your nephew move into the house in the first place? You and your sister and the two other... more

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Re: Income Tax Return, 16th Amendment and Supreme Court Rulings Can a lawyer seriously look at...
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There are many dozens of lengthy scholarly articles available which, in great detail, debunk the... more

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My father recently passed away and in his will left my sister and I 50% oh his estate, what is my...
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This question involves application of New York Estates, Powers and Trusts Law (EPTL) section... more

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as surviving spouse, am I responsible for my spouse's debts?
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It's a good question but the answer is not so simple. Generally you would not be personally... more

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Hello, I purchased my house in March of 2016 from a relocation company. The disclosures provided...
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I don't see how you have a lot to lose, except for your time and aggravation and court costs. Look... more

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In New York. If I Lease a truck thru my bussiness do I have the right to know where it is at all...
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I don't understand if you're leasing a truck for your business, or you own the truck and your... more

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Hi - I'm no longer working full-time and starting to build a series of freelance, marking...
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After you start making money with your various endeavors then consider setting up more formal... more

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If my landlord wants me out of a apartment, to renovate and rent with higher rent,and I can't find...
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Do you have a lease? Typically the landlord cannot kick someone out for reasons which are not... more

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I live in NY . But I have a trust fund in Tampa Bay Florida . I have a guardianship on the account...
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Call the lawyer from Florida. more

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Do accounts that have beneficiaries named need to be included in a Last Will and Testament in New...
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The will does not override a beneficiary designation. Don't forget though it's always possible for... more

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Me and my wife of 2yrs (officially) and 30 unofficially, recently have come to a potential problem....
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You should be concerned, yes. You absolutely need to see a lawyer face to face. more

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if my state tax was seized last year in new york, can i itemized and deduct the tax payment the...
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no more

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I have worked for a company for a year and a half that has paid me mileage and at the beginning of...
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Don't forget your company only collects the tax; the government imposes the tax, and your employer... more

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My Mom died testate in a Hospital's Rehabilitation Center in New York State. Medicare and/or...
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Yes. more

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Can an Executor's powers be reviewed now, even though his client is still alive, if clint, executor...
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Your question is confusing; I have no idea what you're asking. Try again. Nobody is an... more

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Can I rescind a joint tenancy I recently entered into with a relative, for which I did not change...
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Interesting question. My first thought is that while you have described this transaction as a gift,... more

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My father passed away leaving behind on a mortgaged home. The property is in poor condition and is...
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When you applied to become administrator of your father's estate you accepted the legal... more

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I live in nys and hav a neighbors boyfriend who keeps putting a stake on my property. He stated he...
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Hire a lawyer to write a "cease and desist" letter to your neighbor. This will put your... more

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Can you contest a last will an testament
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It depends upon your relationship to the decedent. more

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Ihave a note from the doctor to have a support dog for my 2 high functioning autistic boys and my...
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You are correct in thinking the ADA will override the 'no pets' clause in your lease. That being... more

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In Ny state can you throw out non-opened beer if yes what happens if underage children go to you...
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You'll need to be more specific about the question you're asking. Asking "what happens . . .... more


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