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Jason Matthew Bernheimer's Answers

Jason Matthew Bernheimer
Hawthorne Litigation Lawyer.
Contributor Level 6

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Attorney answers:

  1. Jason Matthew Bernheimer

In NYS, if my step mother never adotped me, but I'm named daughter in will, can i apply to be administrator of her estate?

Asked by a user in Rochester, NY - almost 2 years ago.

There is no simple answer to your question. If there is a Will, the Will should name who the Executor of the Estate will be. That is the person who will handle the affairs of the Estate and submit the Will for probate. Just being named in the Will to receive an inheritance does not give you the legal right to be appointed as Executor. However, if the Will does not name an Executor or if that person declines the role, you may be able to get appointed as Executor. If your step-mother died...

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Attorney answers:

  1. Jason Matthew Bernheimer
  2. Rudolf J. Karvay
  3. Thomas A. White

How do you file to be an executor of an estate without an will?

Asked by a user in Hempstead, NY - about 2 years ago.

If there was no will, the husband can petition the Surrogate's Court to become the Administrator of the Estate. Once appointed, any Estate property will pass through intestacy. In New York, intestacy succession is as follows: $50,000 and one-half of the residuary estate to the surviving spouse with the balance split equally among the four children.

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Attorney answers:

  1. Jason Matthew Bernheimer

Is it any way that I can appeal a guilty plea?

Asked by a user in Cochran, GA - about 2 years ago.

The only way you can successfully appeal a guilty plea is to establish that the plea was not entered knowingly, freely and voluntarily. This means proving that the plea was somehow coerced or you were under some type of disability that you did not understand what was going on. Unless there was a trial, appeals from traffic court are quite unusual. Please note that your time in which to file a Notice of Appeal is 30 days from the conviction.

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Attorney answers:

  1. Jason Matthew Bernheimer

Ojection to Motion

Asked by a user in Secaucus, NJ - about 2 years ago.

Unless the order specified a time period, there is no "typical" time frame. Since there was a garnishment order, it presumes there was some type of judgment as well. Normally, a judgment execution goes through the County Sheriff's office where the execution is to be made or the City Marshall's office if in New York City.