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Peter J Weinman
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Peter Weinman’s Answers

2,372 total


  • Can I get a POA even though my sister already has one for my mother

    My sister has POA for my elderly mother (85 years old) and she lives with her. My mother suffers from alzheimer's and my sister is her proxy. My mother cannot feed herself, use the bathroom on her own and I just found out she has bed sores. My...

    Peter’s Answer

    • Selected as best answer

    While I agree with what the others have said (Mr. Chertock's answer was the best), I note that none have asked you whether you have a copy of the POA. It might be worth examining to see whether your mom named an alternate or whether she named more than one agent who may or may not have to (or may or may be allowed to) act in concert. Maybe your sister is not the only one who can make decisions. Also, if you have concerns that your mother's health and well-being are at risk, speak to the visiting MD and nurses. If it's as bad as you say, I'm sure they will help you get your mother the help she needs despite your sister. Good luck.

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  • Purchase agreement and promissory note discrepancy

    Purchase agreement and promissory note were signed by both parties. After that the page with numbers/amounts have been altered by the purchaser and the altered copy was given to the seller. The seller detected this only few months later. Is there...

    Peter’s Answer

    We need more information, the answer will be very fact-specific. It sounds to me as though you're the seller. Who drafted the agreement? Don't you have a copy of what you sent the purchaser? Presumably, the purchaser signed first and returned it to you to be signed - if that's the case, you failed to notice the change and signed anyway? Or you're saying that both parties signed the purchaser made a change? I am not sure how that happened or why it would be a concern if you have a signed copy that is not altered. Again, more info is needed.

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  • What do i do?

    My fathet in law passed away a year ago. When i was cleaning out his closet i found 2 rifles. I placed 1 down then when i went to place the other down it fell and discharged. The police were called and they made me take them to my house at a diffe...

    Peter’s Answer

    You're right - that doesn't sound correct. Were the confiscated firearms legal and is it legal for you to own them? I'm confused as to how they knew and/or why they took you to your residence to collect your firearms unless you admitted to them more firearms were to be found there.

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  • Is there any way to re-finance a mortgage which was in our deceased Mother's name?

    I'm not even sure if this is the appropriate forum in which to post this question but I don't know where else to turn. When our Mother passed away, we were left with a huge mortgage on the apartment house in which we live. The monthly payments are...

    Peter’s Answer

    What good would a refinance do, if you cannot afford to pay the current mortgage? Is her interest rate much higher than the current rates? If you can otherwise refinance, maybe you need to first transfer the house into your names, assuming you have the right and authority to. Retain local counsel to look at the facts and advise you better. Good luck!

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  • I looking to borrow money from a friend and back it by creating a lien against my residential property. How much does this cost

    to do for a property in NYC? How much are the filing fees?

    Peter’s Answer

    You got several good answers but Mr. Chertock's is best, assuming the mortgage is $500,000 or less. If more, the tax will be 2.175%.

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  • Do I need a court's consent to send discovery interrogatories to the plaintiff is there a limit on N of questions I can ask ?

    Contested divorce in Staten Island, NY. Thank you

    Peter’s Answer

    I note several "correct" answers, but Ms. Stark is the only one that answered your actual question. There is no limit. To reiterate, though, you really ought to seek counsel, this is not something you should do alone. Good luck!

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  • My tenant is along in the least. IS it legal if she brought her boyfriend ? What I have to do to stop it?

    just 350sq ft ,to small

    Peter’s Answer

    Mr. Smollens is correct. Additionally, if she has children, they would also be allowed.

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  • Can child preventive serves take my kids if I allow my 17 year old to get her GED?

    I have an open acs case because my two youngest kids were abused by my oldest son, now my daughter who is 17 who has always been good in school wants to get her GED. Can acs take my kids away for neglect if I allow her to?

    Peter’s Answer

    I don't understand the question, which appears to have been correctly answered by two other attorneys. It seems too easy, so there's got to be more to the story. Why would you think it would be neglect to allow your daughter to obtain a GED? Are you talking about pulling her out of high school in order to do so? I note she's only 17. Please give us the rest of the details that prompted this question.

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  • I received a letter from a vdp consultants stating that l been named in an upcoming lawsuit for $8500.l have a judgement again

    l have not received any court papers .l don't have the money to pay right now.what papers can l fill out at court to stop this.my job is in NJ don't they have to go to nj court to ganish my check

    Peter’s Answer

    You have a judgment against you but did not receive any papers? And, you're talking about not having the money to pay - as opposed to saying you don't owe the money... I'm confused and your sentence structure is unclear, maybe re-ask your question.

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  • I would like to open a bankbook with $10,000. of mine jointly with my son in trust to grandson. Is this a gift.?

    live in NY

    Peter’s Answer

    First, we should ask - do you want it to be a gift? The others assume your answer will be no. If you open a joint account with your son, the presumption is that half the money is his (and therefore a gift) absent specific language on the account as has been pointed out by the other attorneys.

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