Dana Whitney Atchley’s Answers

Dana Whitney Atchley

New York Tax Lawyer.

Contributor Level 20
  1. Do I need to file probate for my mother's estate?

    Answered 6 months ago.

    1. Dana Whitney Atchley
    2. Paul Karl Siepmann
    3. V. Jonas Urba
    4. George Howard Dippel
    5. Ivette M Santaella
    6. ···
    6 lawyer answers

    You will need to probate her estate and have letters of administration appointed so that the house can be sold. Without letters of administration, you are not authorized legally to deal with the estate's property. You should speak with a local probate attorney who can help you get started.

    7 lawyers agreed with this answer

  2. Dog bite question

    Answered 6 months ago.

    1. Richard S. Jaffe
    2. Leonid Krimsky
    3. Gregory Scott Gennarelli
    4. Dana Whitney Atchley
    5. Dmitry Levitsky
    6. ···
    12 lawyer answers

    Based just on your description, yes. You should speak with a personal injury lawyer near you to go over the details and get accurate advice about your situation. Many personal injury lawyers will give you a free initial consultation.

    7 lawyers agreed with this answer

  3. I am self employed how can I file taxes

    Answered 7 months ago.

    1. Dana Whitney Atchley
    2. Stephen Richard Markman
    3. Dara J. Goldsmith
    4. Henry Daniel Lively
    4 lawyer answers

    It isn't necessary to form a corporation or an LLC. If you're self-employed you would report your business income on a Schedule C that you attach to your personal tax return (Form 1040).

    7 lawyers agreed with this answer

  4. IME EXAM REPORT'' DIAGNOSIS; anterior lumber inter body decompression & fusion L5S1 MORSELIZED BONE GRAFT PASTE S/BONE MARROW

    Answered 7 months ago.

    1. Dana Whitney Atchley
    2. Craig A. Post
    3. Zaheer A Shah
    4. Christian K. Lassen II
    5. Benjamin M Pinczewski
    5 lawyer answers

    If you don't trust your lawyer, you need to find a new one.

    7 lawyers agreed with this answer

  5. If we are residents of Oklahoma and work brought us to New York. If we sign a lease then get a job transfer to another state,

    Answered 8 months ago.

    1. Dana Whitney Atchley
    2. Andrew Ryan Kravis
    3. Brandy Ann Peeples
    4. Peter J Weinman
    4 lawyer answers

    The short answer is yes. You are responsible for full performance of the lease, which is a contract, and that includes paying the full rent. The solution is to try and work it out with the landlord to get a release from the lease, or to try - if the lease permits - to sublet the apartment; keep in mind, however, that if you sublet you will still remain liable on the lease until the lease ends or the landlord gives you a written release.

    7 lawyers agreed with this answer

  6. Are legal expenses tax deductible?

    Answered 8 months ago.

    1. E. Martin Davidoff
    2. Dana Whitney Atchley
    3. Catherine May Co
    4. Russell John Haynes
    4 lawyer answers

    Mr. Davidoff is correct: whether your legal expenses are deductible depends on what you incurred those expenses for. It is impossible to give a comprehensive list of examples. I would strongly urge you to consult with a good accountant or CPA in your area to discuss your situation in more detail; that is really the only way to get an answer you can rely on.

    7 lawyers agreed with this answer

  7. Is it unlawful imprisonment if someone changes locks, and only allows other occupant to have them with their permission?

    Answered 8 months ago.

    1. Dana Whitney Atchley
    2. Glenn Johnston
    3. Brian A. Raphan
    4. Richard Glenn Elie
    5. William Ray Pelger
    5 lawyer answers

    That wouldn't be unlawful imprisonment under sections 135.05 or 135.10 of the NY Penal Law because the elderly person hasn't had her liberty substantially interfered with by moving her from one place to another or by confining her in the apartment (or in some other place to which she's been moved). I could very well be some sort of elder abuse, however. If this is a real situation, you should consult, at least briefly, with a good elder law attorney in your area.

    7 lawyers agreed with this answer

  8. I had lease agreement with former owners. Am I bound by former lease to the new owners with whom I have no signed lease?

    Answered 9 months ago.

    1. Dana Whitney Atchley
    2. Bruno Patrick Bianchi
    3. Mark F Wright
    3 lawyer answers

    Everything depends on what's in the lease; however, as a general matter you do, in fact, have a lease with the new owners. An unexpired lease goes with the property and binds the new owners just as it did the old owner. It also continues to bind you. That means that you are required to continue to abide by the terms of the lease even though the property was sold. In terms of the narrow question of your security deposit, if you in fact didn't violate the lease then they're in the wrong;...

    7 lawyers agreed with this answer

  9. Starting an S corporation. Wondering if there are any advantages to incorporating in NV vs. WA?

    Answered 5 months ago.

    1. Howard Ramsey Morrill
    2. Michael Charles Doland
    3. Dana Whitney Atchley
    4. Thomas Edward Gates
    4 lawyer answers

    Generally speaking, if you form a corporation in one state but engage in business through that corporation in another state, then you have doubled up on your initial filing fees and most likely on your annual registered agent fees because, generally speaking, you would be required to maintain a registered agent in the state of formation and in the state of operation. Also, in addition to the initial filing fees to form the corporation, you would have to pay additional filing fees to the other...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Physical threats made on facebook.

    Answered 5 months ago.

    1. John M. English
    2. Michael Charles Doland
    3. Dana Whitney Atchley
    4. Howard G. Van Den Heuvel
    5. Jared Clayton Austin
    6. ···
    6 lawyer answers

    If someone has escalated to physical threats then that is a matter you should take to the police.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful