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Joseph A. Marra

Joseph Marra’s Answers

22 total

  • How can I hire a foreign director for my production company?

    I have a production company and I would like to hire a foreign director to come and film a movie for me in the US. How do I start this process? (they do not have a bachelor's degree) what are my chances of success or possible reasons for failure...

    Joseph’s Answer

    I agree that from the legal perspective that this is more of an immigration issue, at least at the inception. However I also suggest that you speak to someone in the film industry who has experience with these types of matters. I can recommend someone to you.

    If you would like the referral contact me directly.

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  • How should I talk to judge if want to plead not guilty??

    Yesterday I caught from Macy's for shoplifting .. I have two girls and they were running around everywhere .. I don't conceal anything .. All merchandise was on my stroller .. My four year old was going out with her friend and i just wanted to st...

    Joseph’s Answer

    You are probably being charged with a class A misdemeanor, petit larcency.

    You will need an attorney to defend you.

    If one is not appointed for you or you wish to retain private counsel let me know. I am a former Assistant District Attorney in Bronx County .

    When you appear in court you will see that most defendants dress casually. Distinguish yourself by dressing as if you were going for a job interview at a nice office and always act respectfully.

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  • When are Medicaid trust or Deed with life estate needed to be set up?

    Medicaid trust or Deed with life estate are for someone who will go to nursing home? what if my mother already has medicaid? Do those two still be needed to set up?

    Joseph’s Answer

    if your mother is already in a nursing home and receiving Medicaid benefits it is too late to transfer the property into a trust or to another while reserving a life estate. If she does so she could jeopardize her Medicaid benefits.

    If she is still at home and receiving Medicaid it is technically not to late to make such a transfer. However if she needs to apply for nursing home Medicaid within 5 years of the transfer she could be denied.

    This is a very complex area of law and my answers are very specific to the limited facts you provide.

    I strongly suggest that you consult with an experienced Elder Law attorney.If you are interested in our firm we have offices in the Westchester and the Bronx.

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  • Do I need a contract with a Real Estate Buyer agent ?

    I have been working with Real Estate Agent who is been showing me listings. This is my first time as a home buyer so I don't know if i need to make a contract with my agent in terms of commission.

    Joseph’s Answer

    As a general rule the real estate broker represents the seller. Therefore there is no need for you to sign a contract with the broker. This is even the case when the broker tells you they are "your" broker.

    However, in certain circumstances the broker is actually the purchaser's agent and has a direct obligation to you as the purchaser. This practice is common in some states and is becoming more common in New York. It is still the exception to the general rule that real estate broker's represent the seller.

    You need to have a frank discussion with your broker and if a contract is in order get one drawn up.

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  • My ex wife has taken my daughter out of the state of New York and i do not know where they are.

    my ex wife has no contacted me or has any means of being contacted. I have no way to communicate with my daughter. Its been 4 months now. my ex wife has run off with her boyfriend who has been accused of being a pedophile. I am extremely worried.

    Joseph’s Answer

    I suggest you hire a private investigator to track her down. An application on order to show cause can be made in a NY Supreme or NY Family Court demanding a return of the child to NY. You can also make an application in the jurisdiction where you find her. If she is in the US it will be much easier for you as opposed to a foreign country. If the child did not have a passport they are probably in the US. I can recommend an investigator and handle the matter if you decide to handle it in NY

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  • What is the maximum I can file a civil lawsuit for? My brother...whom I haven't spoken in 3 1/2 yrs...verbally slandered and de

    He lied and created drama on facebook. Also, trying to break up my marriage. PLEASE help me! I'm 35....he's 30 and he and his wife both did this and continually called me names in in. He also, tried to run me off the road yesterday morning. I...

    Joseph’s Answer

    If in fact you have a law suit for libel and/or slander you have one year from the publication or the utterance of the statement to file a lawsuit. I doubt that you would find an attorney to take this case on a contingency basis. If you want to proceed on an hourly basis it will cost you thousands of dollars to proceed.

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  • I am found guilt in DV case in NY. Just on the basis of my wife's absolutely false testimony. Nothing else. What should I do?

    Found guilt in 4 charges of Misdemeanor including third degree assault, and child endangerment with no evidence and proof .Even no 911. None of this is true. I just came to USA in sep 2011 and my wife did all this just after 3 months with the help...

    Joseph’s Answer

    File a Notice of appeal and/or hire an appellate attorney as soon as possible to protect your rights. However the testimony of one person, if believed,is sufficient in the State of New York in situations such as this.

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  • In New York State (Westchester County) is there such a thing as a Deed Effective Upon Death?

    I am listed solely on single family residence deed and would like to protect my wife, in case of my death, by making it easy for her to have the house which we jointly occupy.

    Joseph’s Answer

    You can sign a new Deed conveying (transferring) the property to you and your wife as tenants by the entirety (or with right of survivorship or similar language). when the first one of you passes away the survivor will be the sole owner. This particular asset will not have to go through the probate process upon the death of the first one of you to die.

    If you have estate tax issues or if your you or wife require nursing come care in the foreseeable future this may not be the best course of action. I strongly suggest you contact a competent estate planning attorney before you do anything.

    As one of the other attorneys who responded notes, if you needed to refinance the property or wanted to sell the property, your wife would have to consent since she will be an owner once the deed is signed. Additionally if she has bad credit this could result in your being able to refinance. Additionally if she has any judgments against her they will become liens on the property.

    Once again I implore you to consult with an attorney not only competent in real estate law but one who is experienced in estate planning, medicaid planning as well the effect judgments can have on real property.

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  • How do i move into my hdfc jtwros apt now soley occupied by other shareholders spouse ? absent shareholder now in nursing home.

    My mothers husband has locked me out of my hdfc shareholder apt. he has sent my mail back to post office. how do I legally regain entry?

    Joseph’s Answer

    If your name is on the shares and on the proprietary lease you can gain access. First try the managing agent of the building, then the police but you must have proof to show the police you are a rightful owner and /or occupant. If that fails you will have to proceed to court.

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  • Are used manufactured homes part of the full disclosure law in NY State?

    Can a seller be held liable for not disclosing the home is not insulated?

    Joseph’s Answer

    if the property being sold is a brand-new home New York State requires the issuance of warranty. If the problem you refer to violates the warranty the builder can be held liable.

    if the residential real estate is being resold there is a property disclosure statement that must be provided to the purchaser by the seller in certain circumstances. If the seller failed to disclose a condition on the disclosure statement the seller could be held liable. However the parties can agree that in exchange for providing the disclosure statement he can give $500o the purchaser.

    if the seller is able to "opt-out" of providing the property disclosure statement it becomes much more difficult to hold seller responsible.

    I suggest you contact a good real estate attorney in your area.

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