Ellen A. Victor's Answers

Can I sell property that has been transferred in a Living Trust ?

There are a number of circumstances which might affect your ability to sell the home. If you have your mother's power of attorney, it might be sufficient to allow you to sell her life estate. It would depend on what powers the document gave you. Additionally, if necessary, a court might give you a limited financial guardianship over your mother. This would be less time and cost-consuming than a full guardianship. As the two posts stated above, it would be best if you consulted with a...

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Can I put a home into a special needs trust?

There are benefits to both having the home owned by the special needs trust, or for your brother directly owning the home. In either case, his SSI will be reduced by several hundred dollars. The SSI is supposed to pay for food and shelter so if he receives shelter already, the SSI will be reduced. Nevertheless, with the cost of the housing market in Bellmore, this is usually a very good deal. Additionally, if your mom were to need benefits, she could give her home to a disabled child...

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How do I handle money ITF me if I decide to hire attorney to administer estate?

Again, I am so sorry to hear about your father. It is not easy being in a different state and taking care of an ailing parent. I have been in that situation myself, so I understand your difficulties. I am wondering who is doing the guardianship process. Is it the nursing home? You really should not claim anything or pay any of your father's bills until you speak to an attorney. You are not liable for the bills, the accounts in trust for you pass outside of probate so it is likely you do...

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Enforcability of a non compete agreement

In New York, non-compete agreements are generally disfavored, however a non-compete agreement is still enforceable. The agreement cannot be too broad and cannot unreasonably restrict a person's right to earn a living. You would need an attorney to review the agreement you signed and the job description for the new company to determine if it might be enforceable. Another question you need to ask yourself is whether even if the non-compete is found to be invalid in your case, if it is...

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Why form an LLC in CT to do NYbusiness and then rename that same LLC to buy NY land mos later? How can I find owners names?

If you are doing business as an LLC in New York, you must register and be authorized as a foreign LLC in New York. I'm not sure what you mean by "rename" the same LLC. It may be an entirely different LLC. Many attorneys would recommend using separate LLCs to buy separate properties so that each piece of property is protected from the liabilities of the others. You probably will not find the owner's names on the New York State Division of Corporations websites. The owner of the New...

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Legal mandate of financial information for benficiaries?

A trust is different than a will. If the trust is separate is was set up to ensure privacy. So that Michael Jackson's will was public, but the trust was private and will not be filed in the Surrogate's court. Nevertheless, as a beneficiary you are entitled to see a copy of the trust. Whether you are entitled to have a summary sent to you by the trustee is a matter of whether this was something the grantor stated needed to be done in the trust. Often grantors who make family members...

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Person listed on deed, but can't be found. What can we do?

Co op law is an entirely different matter than real estate. There are no deeds. You say she can't be found, but you haven't stated how hard you've tried. You need to do a real search even if that means hiring a private investigator. Honestly, almost anyone can be found pretty easily these days with the internet at little, if any cost. Any changes made to ownership would have to be passed by the Board of the co-op. They are not likely to just approve removing a name from ownership...

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How do I add an independent web company to an existing LLC in New York City?

In addition to Mr. Bryant's thorough answer, you will want to file a Certificate of Assumed Name with the New York State Division of Corporations, assuming you do not want the website to have the same exact name as the publishing company. You can find the form and the instructions here: http://www.dos.state.ny.us/corps/assdnmins.html If you need assistance with the form, feel free to contact me. Disclaimer: Please note that this answer does not constitute legal advice, and should not...

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Can I register an LLC while receiving unemployment Insurance?

I have not researched case law on this subject so that I could advise you exactly where the line is drawn, however, if you are registering an LLC with the intention of starting a business with that LLC, you are starting a business. As you mentioned, this might be an issue with unemployment. It is irrelevant that you are not receiving income or making a profit, or any money at all. If you are not actually forming a business now and just want to reserve the name, you can do that for a small...

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My father died with no will do his adult children from a previous marriage have rights?

Although they are from New York, Mr. Robinson and Mr. Gonzalez apparently have no business answering estate questions. They could have Googled the question and gotten the correct response if they did not know the correct legal answer. In New York, the first $50,000 and half the estate that is titled in your father's name alone will go to the surviving spouse. The other half gets divided among his children. Disclaimer: Please note that this answer does not constitute legal advice, and...

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