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Jeffrey Bruce Gold

Jeffrey Gold’s Answers

4,616 total


  • Do I have a good case to get possession of house away from late husband's girlfriend?

    After 15 years of marriage my husband moved out of our apartment and bought a house using our marital funds with just his name on the deed. 24 years after that, he put his girlfriend on the deed as tenants in common. 6 years after that he passed a...

    Jeffrey’s Answer

    I think that ultimately, your husband's girlfriend is at the end of the day going to get half of the house's value, and that it probably is not in the estate's interest to spend significant money litigating over this. My thoughts are as follows: 1) You knew 30 years ago that your husband took the funds and bought the house, and took no action 2) During that period of time, you were aware or should have been aware that he was the only one on the deed, and took no action to correct that, nor to place a lien on the property 3) After 30 years, it will be exceedingly difficult to show that your husband used marital assets to buy the house that you had an interest in, rather than assets that he had accumulated in his own name 4) Even if you could show that, your husband by putting the girlfriend on the deed, is only "transferring" half of the assets to her. You still have your half of the marital asset i.e. the house and she has the other half i.e. his share 5) Your husband did not transfer the property to her as joint tenants, in which case you would have no interest upon his death. It therefore seems that he knowgingly gave her a gift of half the value of the house., and that he did so during his lifetime. Once she was on the deed, she could have forced a sale of the property at any time 6) He did not need your permission to do so as you were not on the deed 7) Your husband gave the gift to the girlfriend more than six years ago, so there is likely a a statute of limitations problem challenging the transfer.

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  • How do I get my name off deed if the other party won't cooperate

    My ex partner gave power of attorney to her daughter and brother. I have tried calling and asking them to sign but they will not cooperate with me. I have no financial obligation to property. Just my name on Deed

    Jeffrey’s Answer

    Partitioning is a possibility, but you might consider first preparing a quit claim deed transferring your interest to the daughter, and asking that she file it. If she won't file the deed, then you have to bring suit, but if you do, you can make them squirm by seeking to force the sale of the property.

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  • Home insurance- can they do this

    I have Chubb homeowners' insurance. Recently, my floors were ruined due to a burst pipe in my co-op. 1) The insurance company pays for my hotel, but expects me to advance the money and then they take their time reimbursing me-- which cau...

    Jeffrey’s Answer

    Homeowner's policies are typically indemnity policies, meaning that they reimburse you after you make payment. You can, however, request an advance to cover your living expenses.

    The insurance company is only responsible for the increased costs of your food. Nothing in the policy makes them liable for the base amount that you ordinarily spend.

    You might consider hiring a public adjuster to negotiate with the carrier on your behalf.

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  • How can I gain control over my brother's assets?

    My brother had an accident and now he is scheduled to have brain surgery. The doctor does not believe he will be the same again. He owns a house in NY, has several bank accounts and shares of stock. Can I get a Power of attorney to better manage h...

    Jeffrey’s Answer

    If your brother is competent at this moment then he can execute a power of attorney. The power of attorney will specify what you can and can't do, and whether you will be compensated. Because of the physical distances, you are going to need to retain professionals to provide support and make daily decisions, if he is unable to. You are likely going to need to create and manage a special needs trust. If your brother is not currently competent, then you need to institute a guardianship proceeding. This can be accomplished during your visit here.

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  • I had a simulator implant, blood clot on spinal cord (paralyzed) not permanent, worse off now.

    Stimulator was removed hours later, piece of spine was cut out to remove blood clot. Was told I can't have procedure done again because of bone removed from the spine. I am worse off now with back, leg pain and now I have pain on my right side t...

    Jeffrey’s Answer

    You need to put together a list of all facilities and doctors that treated you, and then meet with one or more attorneys that handle medical malpractice plaintiff cases. No one can tell you whether you are the victim of medical malpractice without having the records reviewed by an expert.

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  • What should I do If my tenants lease is up August 31 and they refuse to pay last month rent and to fix damages they've caused?

    My tenant's lease is up on August 31, 2015. They refuse to pay August's rent & request that I apply their security deposit towards the last month's rent. However, there are damages to the apartment & my property which tenants refuse to pay for, re...

    Jeffrey’s Answer

    If they move out before they are evicted, you file suit for the cost to repair the damage and any unpaid rent. Where you file suit depends on the amount that they owe. Videotape the apartment when you recover possession - every room, every wall, every floor, every ceiling. Keep copies of all repair and cleaning bills. If there is anything major get two estimates. If you do the work yourself, document your time. Get receipts for any cash payment, and make sure the vendor will testify if called.

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  • Is it illegal for a 23 year old and 17 year old to have consensual sex?

    Is it legal or illegal?

    Jeffrey’s Answer

    You don't indicate where you want to have sex, but in New York it would be legal. Should you travel outside the state, you may wish to check on the law of the location where you travel as some states have age 18 as the age of consent, and you are far enough apart in age to actually have a problem. Additionally, in certain locales i.e. Canada, the type of sex you engage in (and I don't need to get into detail now) could be considered illegal since both of you are over the age of 18.

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  • Mother inherited house, verbal agreement to split 3 ways. Sister renting it and I get nothing?

    My grandfather passed away a year ago this month. 100% of his estate was left to my mother. During a family meeting, there was a verbal agreement that mom was going to split the house equally 3 ways, between my parents, my sister & me. However, ...

    Jeffrey’s Answer

    Your grandfather expected your mother to do that right thing. She hasn't. Unfortunately, you have no rights in this case, since your mother owns the property and your grandfather's wishes were not memorialized in writing.

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  • How should I structure my business?

    I want to start a business that makes loan to new real estate investors who do not have any experience in the industry. To provide my loans I will be using crowd funding from accredited investors. SEC says that as a crowdfunding portal I can not h...

    Jeffrey’s Answer

    Your business "plan" is too complicated to receive a proper answer on an open forum. You should hire an attorney that establish's businesses for a living, and has experience with crowd funding.

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  • In ny, i am pregnant and married to the babys father right now we do not live together, can i legally keep him from the baby?

    I am 30 weeks pregnant, also married to the babys father however he has been in and out of prision currently in prison for a parole violation and will be out a month before our son is born.. weve had domestic violence 4 years ago.. and we arent li...

    Jeffrey’s Answer

    If you are married to the baby's father, then it is presumed that he is the father. As the father, he has rights, and you will have to go to court to terminate those rights.

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