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Edwin Drantivy

Edwin Drantivy’s Answers

1,586 total


  • Hi! Was directed by a friend toward rocketlawyer.com to draft a pre-nuptial agreement. Saves me money, but is it reliable?

    I would like to know if its either a suitable way to enter a pre-nuptial or if rocketlawyer.com merely suffices for early drafts. Appreciate any help.

    Edwin’s Answer

    It helps you get a grasp of what types of things may be included in a prenuptial agreement, however there is no true substitute for an actual attorney's guidance in finalizing and executing such an important document.

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  • Do I need to be separated for a year first before I can Divorce?

    been married 12 years and there is another woman in the picture from my husbands job. They have been friends so they say for over six years and I have seen text messages of them confessing there love to each other.

    Edwin’s Answer

    No, it can be done in a shorter time frame in New York. Speak with a local attorney regarding specifics.

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  • $5500 Retainer, no retainer agreement, but less than $3K charged. Disputable?

    I paid an attorney $5.5K in criminal defense related matter. He was fired shortly after. He claimed that he did not keep a log for my time and would settle for $1000. He never gave me a retainer agreement, said I don't need to sign one. ...

    Edwin’s Answer

    It goes by "what is expected," thus the 5.5K figure is what you are working with here.

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  • My mother died in 2007. My brother is the executor.He has failed his fiduciary duty. In 2015, all monies have not been paid out.

    How can he be compelled to complete his duties as executor, or how can he be removed. 11 siblings, including the executor, are beneficiaries. It's been 8 years. How can we get him to close out the will and pay all monies due or failing that, how d...

    Edwin’s Answer

    There are procedural devices available to you in the form of various petitions. Speak with a local estates attorney regarding settling the estate account and/or executor removal.

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  • The attorney & executrix had me sign off. I was left a 1997-8 mobile home with No Title or Bill-Of-Sale, etc. What do I do?

    The dealer is gone, told papers were destroyed in flooding. There is no NYS record on file. Also, her significant other has life use of it.

    Edwin’s Answer

    Consult with a local wills/estates attorney.

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  • Do I need a real estate attorney?

    My aunt and I rent a house in Long Island, NY. Our landlord lives in Florida. The landlord has not been paying the mortgage at least since we moved in in November 2013, but we have been paying our rent consistently. Wells Fargo sent legal document...

    Edwin’s Answer

    Yes, speak with an attorney. The property may not be the landlord's to rent anymore after the case is over.

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  • Was caught trespassing on college grounds which i don't attend , the officer took down my name and address and let me off

    Can i still be charged/arrested for trespassing after the fact?

    Edwin’s Answer

    Probably not. Chances are that you would have been arrested on the spot if the officer already had probable cause at the time. Hopefully they do not find out that you damaged any property while trespassing or they may contact you.

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  • I received a summons for mortgage being foreclosed on belonging to a deceased cousin. Do I have to reply to the summons?

    I received a summons for a mortgage being foreclosed on a house that belonged to my deceased cousin who died without a will. I have had no contact with him for 50+ years. I have no interest in his house which is being foreclosed on. The server ...

    Edwin’s Answer

    Your best bet is to seek a short consultation with a local attorney and show him/her the Summons just to make sure that you are not liable for anything.

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  • Is a verbal agreement legally binding in new York

    I had an agreement with someone and they are not keeping there end

    Edwin’s Answer

    It could be under the right circumstances.

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  • If the Affidavit of Service is notarized, do I still need the Affidavit of defendant notarized?

    I got her friend to sign and notarize the Affidavit of Service, I want to know if she still needs to sign the Affidavit of Defendant for me to continue with the divorce?

    Edwin’s Answer

    Most likely yes. It depends whether there are contested issues or not.

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