Michael S. Haber’s Answers

Michael S. Haber

New York Probate Attorney.

Contributor Level 20
  1. Can i petition for administration of my father's estate?

    Answered over 3 years ago.

    1. Michael S. Haber
    2. Rudolf J. Karvay
    3. James Brian Thomas
    3 lawyer answers

    First, it is unusual to allow more than two years to pass before seeking to administer an intestate estate. Assuming your father was not married at the time that he passed away (and further assuming there are no deceased siblings who died after having children), you and your two siblings would each be entitled to one third of the estate. You and each of your siblings have equal rights to file a petition for administration. Thus, the person who will be appointed administrator of the estate...

    Selected as best answer

  2. How do I sufficiently state a claim upon which relief can be granted in a complaint in order to survive a motion to dismiss?

    Answered about 3 years ago.

    1. Michael Charles Doland
    2. Paul Y. Lee
    3. Frank Wei-Hong Chen
    4. Michael S. Haber
    5. Barbara L. Horan
    6. ···
    6 lawyer answers

    Mr. Chen and Mr. Doland give you good advice. Your question, however, is much more easily posed than answered. That is so because we do not know very much about your claim; in fact, we know nothing about your claim. You really do not have to worry too much about proof at this stage of the lawsuit. A motion to dismiss based upon failure to state a claim looks more to the legal, not the factual, issues. The real question is whether you have adequately stated a claim, not whether you can...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can another case be brought against the party who settled in an underlying case for frivolous litigation

    Answered over 1 year ago.

    1. Michael S. Haber
    2. Joseph W Watkins
    3. Eric Edward Rothstein
    4. Paul Karl Siepmann
    5. Terry David Horner
    6. ···
    6 lawyer answers

    When one settles a legal matter, one takes certain risks. Among those risks is that it may later turn out that one's case was stronger than had been known. Many settlement agreements even include specific language indicating that the settlement is conditioned upon the recognition that there may be facts and/or evidence that were not known at the time of the settlement. Even if newly-acquired information casts new light on the settlement, that will almost never be enough to rescind the...

    10 lawyers agreed with this answer

  4. I'm probating a will and issuing a Citation. Is counsel necessary at this particular event?

    Answered 12 months ago.

    1. Michael S. Haber
    2. David L. Carrier
    3. J. Denise Carter
    4. Alan James Brinkmeier
    5. Lorraine Vivian Kathleen Coyle
    5 lawyer answers

    You say that there "may" be a challenge. If someone has filed a prior will subsequent to your filing a later will, the chances of a challenge are nearly equivalent to the chances of the sun coming up tomorrow. You can bet your bottom dollar that whomever filed the prior will is going to be represented by counsel, which would put you at an obvious disadvantage if you are not also represented by counsel. After the return date of the citation, the potential objectant will have an opportunity...

    8 lawyers agreed with this answer

  5. Who get's what after my dad died without a will?

    Answered almost 2 years ago.

    1. Celia R Reed
    2. Jayson Lutzky
    3. Thomas J Callahan
    4. James P. Frederick
    5. Gary Todd Dupler
    6. ···
    7 lawyer answers

    My colleagues all give you good advice. You may be young and new to this country, but your instincts are right on target: There's quite possibly something going on here. You knew enough to come to this website, and now you should take the next step and find a good local attorney who can help you sort things out. You say that there was no will. That may or may not be true and should, of course, be investigated. Since many of your father's dealings are apparently not known to you, your...

    8 lawyers agreed with this answer

  6. What is the evidentiary value of "colloquy on the record"?

    Answered about 3 years ago.

    1. Michael S. Haber
    2. Eric Edward Rothstein
    3. David George Thomas
    3 lawyer answers

    You don't say what the "something bad" was, or whether it even related to the case. I'm also not at all clear on why a party would be stating anything on the record if it was not sworn testimony. At any rate, an admission is an admission, and assuming it is relevant to the case can be very beneficial to you. At the very least, it can be used to impeach the credibility of the party should a position be taken at any other time in the litigation that is inconsistent with the statement made....

    8 lawyers agreed with this answer

  7. Can we avoid probate?

    Answered almost 2 years ago.

    1. Michael S. Haber
    2. Jayson Lutzky
    3. Joseph Michael Pankowski Jr
    4. John P Corrigan
    5. James P. Frederick
    5 lawyer answers

    Mr. Lutzky and Mr. Pankowski give you good advice. Beyond that, someone has convinced you that probate is a long, convoluted, expensive undertaking. Unfortunately, there is a mythology that surrounds probate, and maybe this is a good time to try to debunk that mythology. In most cases (particularly in uncontested probate proceedings), probate need not be complicated. The word "probate" stems from the Latin meaning "to prove"; specifically, a probate proceeding involves proving the...

    Selected as best answer

  8. HOW DO I UN FREEZE A JOINT INVESTMENT ACCOUNT NOW THAT I AM MY MOM'S GUARDIAN?

    Answered over 3 years ago.

    1. Michael S. Haber
    2. Benjamin J Lieberman
    3. Jeffrey Bruce Gold
    4. Joseph Allen Bollhofer
    4 lawyer answers

    First, it's surprising that you would pose this question if you were actually already appointed as the property management guardian for your mom pursuant to Article 81 of the Mental Hygiene Law, since I would expect that you would be represented by an attorney in that proceeding. If you represented yourself in such a proceeding, you must either have had a very good working knowledge of Article 81 or an extremely supportive Judge and Court Evaluator. In any event, if you were appointed...

    Selected as best answer

  9. Upon my father-in-law's death, we discoverd that he possessed deeds to lots in NJ. What do we need to do in order to sell them?

    Answered over 2 years ago.

    1. Michael S. Haber
    2. Steven J. Fromm
    3. Jack Richard Lebowitz
    3 lawyer answers

    You ask what you need in order to sell property -- the simple answer is that you need an ownershp interest in order to sell property. Your posting provides very little information. But let me disabuse you of your notion that, "It's been suggested that trying to probate the property after all this time, with the diffuclty of tracking down multiple unknown heirs, would be more trouble and expense than we would want to take on." I could probably write pages and pages about what is wrong...

    9 lawyers agreed with this answer

  10. Affidavit ?

    Answered about 3 years ago.

    1. Michael S. Haber
    2. Frank Wei-Hong Chen
    3. Robert Scott Lawrence
    3 lawyer answers

    Mr. Chen and Mr. Lawrence give you good advice. An affidavit is a sworn statement. It is usually not in letter form. It usually will bear the caption of the lawsuit at the top, and indicate, to the right of the caption, the word "Affidavit." Below the caption usually appears the following: STATE OF __________ ) .ss.: COUNTY OF ________ ) It will begin something like this: "John Doe, being duly sworn, deposes and says as follows under the...

    9 lawyers agreed with this answer

212-791-6240