Peter J Weinman’s Answers

Peter J Weinman

Staten Island Real Estate Attorney.

Contributor Level 17
  1. Can an verbal life estate or verbal living expenses reimbursement agreement be considered legal, ie. Medicaid puposes?

    Answered 9 months ago.

    1. William Charles Rosenfelt
    2. Robert Jason De Groot
    3. Lee R. Carr II
    4. Vance Tate Davis
    5. Cheryl Rivera Smith
    6. ···
    6 lawyer answers

    There's no such thing as a verbal life estate, and unless reduced to a writing and recorded, it's not valid.

    19 lawyers agreed with this answer

  2. The last will states specifically that a certain individual should not receive any part of the estate, real nor personal.

    Answered 9 months ago.

    1. Vance Tate Davis
    2. Casey Nichole Ferri
    3. Peter J Weinman
    4. Cheryl Rivera Smith
    4 lawyer answers

    Life insurance is paid to the beneficiary outside one's will. If the deceased had wanted to change the beneficiary, she should have. However, there's no way to be sure it was not done this way intentionally. Perhaps knowing that person X was to receive the proceeds of insurance, X was disinherited so as to "even out" the distribution? (Or at least the argument goes). Many an ex-spouse has benefitted by such oversights.

    12 lawyers agreed with this answer

  3. Can a monetary judgment attach to an estate's real property?

    Answered 7 months ago.

    1. Peter J Weinman
    2. Paul Karl Siepmann
    3. Steven M Zelinger
    4. Charles Adam Shultz
    5. Nancy Loukus Ballast
    5 lawyer answers

    Are you a beneficiary of the estate? Does the estate have assets other than the house? If you're not a stranger to the estate, perhaps you can help negotiate a settlement with the 3rd party judgment creditor that will enable you to take the house free of that lien. You definitely need to sit with an attorney right away before you do anything.

    10 lawyers agreed with this answer

  4. Personal Injury and Insurance Fraud and Illegal Eviction

    Answered about 1 month ago.

    1. Roland Adrian Vitanza
    2. Jason Alexander Richman
    3. Peter J Weinman
    4. Christian K. Lassen II
    5. L. Vincent Ramunno Jr.
    6. ···
    6 lawyer answers

    I note that I, and some others, answered this same question because you re-phrased it slightly and chose different topics last night when you posted both. I also note that you posted twice in the last week, if I remember correctly (before the fire). You really should sit with an attorney and go over your rights and possible remedies, but be prepared to spend a few dollars. There's no way any of us can help you here - especially when you trickle facts to us over the course of various posts....

    9 lawyers agreed with this answer

  5. Can i sue my landlord/ and his wife for personal injury? maybe something like negligent infliction of emotional distress?

    Answered 8 months ago.

    1. Peter J Weinman
    2. Mitchell Jan Birzon
    3. Marco Caviglia
    4. Andrew Lawrence Weitz
    5. Leonard Roy Boyer
    6. ···
    6 lawyer answers

    I don't see any cause of action here. You're now on notice that you have a madman for a landlord and you've already suggested (rightfully so) the hell with your deposit. By the way, your deposit must be returned after you leave the premises provided there's no damage. Get out of there ASAP.

    9 lawyers agreed with this answer

  6. In our divorce agreement, I was granted "exclusive occupancy" of our home while it was up for sale.

    Answered 9 months ago.

    1. Howard A. Schwartz
    2. Peter J Weinman
    3. Peter Christopher Lomtevas
    4. Jayson Lutzky
    4 lawyer answers

    If you're both still "borrowers" you'e both probably still jointly and severally liable for the debt. The fact that you had exclusive possession probably also means you were responsible for the carrying costs. Chances are, if yours is like many I have seen, at the sale, you would be entitled to a credit for the principal payments you made from the date of the order through the date of the sale, but you would have been solely responsible for taxes, interest, water, utilities, etc. The fact...

    8 lawyers agreed with this answer

  7. How are property taxes paid when estate has not yet been settled?

    Answered 9 months ago.

    1. Michael Davidov
    2. James P. Frederick
    3. Celia R Reed
    4. Peter J Weinman
    4 lawyer answers

    Are you a beneficiary? While you await the appointment of a new executor, If you can afford to do so, pay them yourself - you will be reimbursed. If not, find some other beneficiary who can afford to temporarily lay-out the money.

    8 lawyers agreed with this answer

  8. My home is in foreclosure proceedings no judgment has been made. My upstairs tenant is withholding rent. Is that legal?

    Answered 9 months ago.

    1. Steven Warren Smollens
    2. Jayson Lutzky
    3. Peter J Weinman
    4. Michael C. Wild
    4 lawyer answers

    the foreclosure does not give tenant the rightto cease paying rent. I think you ought to have your attorney explain.

    8 lawyers agreed with this answer

  9. Worried about rent on an illegal apartment.

    Answered 10 months ago.

    1. Bruno Patrick Bianchi
    2. Peter J Weinman
    3. Olga Someras
    4. Steven Warren Smollens
    5. Jayson Lutzky
    6. ···
    6 lawyer answers

    I do not disagree with Mr. Bianchi, but wish to point out that you'd better be sure your apartment is no legal before relying on it. A court will not look well upon someone who thinks he can live somewhere for free. Of course, if you had the money for a lawyer, you would be able to pay the rent, but you you will need one when the landlord commences the eviction. Maybe consult with a local attorney now?

    8 lawyers agreed with this answer

  10. How much longer will estate take to settle?

    Answered 10 months ago.

    1. Celia R Reed
    2. Peter J Weinman
    3. Thomas Sciacca
    4. Jason W. Stern
    5. Joseph Franklin Pippen Jr.
    6. ···
    6 lawyer answers

    If you are a beneficiary and not the Executor, it is true the attorney does not represent you. If you want representation, you need to retain your own counsel. Have you spoken to the Executor to see what he thinks the timeframe is? He may be speaking with his attorney regularly.

    8 lawyers agreed with this answer

Call now for a free consultation. If you reach voicemail, Mr. Weinman will call back.

718-442-2010