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Daniel Alexander Jimenez

Daniel Jimenez’s Answers

174 total


  • Do I need to probate the will in order to get Letters of Testimony or Letters of Appointment ?

    I am named the executor in the will and there is no estate. Everything was done by beneficiary or joint accounts. I need to file New York State tax for the deceased with only a $65.00 refund due. They tell me I need Letters but there is no need to...

    Daniel’s Answer

    • Selected as best answer

    If the value of the assets you are attempting to collect is less than $30,000.00 then you may be able to file a small estate affidavit with the Surrogate's Court of the appropriate county. This is a much less complex process than probate and also less time consuming. You should be able to handle it yourself by visiting the courthouse and speaking with the clerk.

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  • I have a sc drivers license and got a speeding ticket , saying I was going 76 in a 55 (town Colton,ny,can I get reduced

    I do not have any thing on my license and will there share info with sc

    Daniel’s Answer

    Many states share driver's license information with one another. By having an experienced traffic law attorney appear on your behalf you increase the odds of avoiding points and the possibility of increased insurance premiums. My office appears on matters like this across New York State and we offer no cost consultations.

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  • Am I entitled to a copy of my father's will? He died in New York state in 2007.

    Prior to my father's death following a period of dementia my mother obtained his power of attorney and excluded me from her will which included the family home and its contents. I only found this out yesterday. I am now trying to discover if there...

    Daniel’s Answer

    If the will was admitted to probate you can search the records at the Surrogate's Court of the County where your father was domiciled. It is a public record and available to be viewed and copied.

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  • Does the police officer who issued the ticket have to be present in court when fighting the ticket?

    After I sent in my not guilty plea, a few days later I read in the newspaper that the police officer that issued me my ticket was struck by a car and passed away. How will this affect me when I show up to the courts?

    Daniel’s Answer

    Based upon the unfortunate circumstances it is likely that the ticket will be dismissed.

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  • Recieved citation for running a red light in Austin, TX. When I entered the intersection, the light was yellow,

    The light turned from yellow to red before I made it all the way across the intersection. The cop stated that If the light turns red before I make it all the way to the other side, that I am guilty of the violation. I have reviewed the TX Trans...

    Daniel’s Answer

    • Selected as best answer

    You would be well served by having an experienced traffic attorney take over this matter for you. While you may have read the code, actually understanding courtroom procedure and how to properly cross examine a police officer tend to be major stumbling blocks for most pro se litigants.

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  • What are at risk if I hire a Lawyer 2 months before my trial date for a DUI Charge, with a Blood Test.

    I am getting charged with a DUI of .20mg of Oxycottin, and since this is my first DUI, I felt no need for a Attorney and go for the Public Defender. But when my Public Defender offered me a plea deal of pleaing guilty on my Pre-Trial as the deal, ...

    Daniel’s Answer

    Two months should be adequate time for a new attorney to get up to speed on your matter. If not, the new attorney may be able to seek additional time. Make sure the lawyer you decide to go with is an experienced DUI defense practitioner who would be able to take your case to trial is settlement isn't an option.

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  • Is it legal in New York State to record a conversation without the other person's knowledge on his property?

    I would not be in his house, but in his driveway, talking to him in his house through an open door? Does he have a right to privacy if he is in the house?

    Daniel’s Answer

    So long as one party to the conversation consents to the recording then there should be no issues.

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  • Guardianship/Advocate responsibilities. I am in Suffolk NY

    1. If someone has an advocate or guardianship and this person wants to bring a petition in Family Court against someone shouldn't the advocates or guardianships name be in the petition shown as they represent Joe Smith say? 2. What I am trying...

    Daniel’s Answer

    It can depend on many factors. A review of the order and judgment or decree appointing guardian would be a good starting point.

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  • In Suffolk County, how much can the bail be for felony DUI- the third on and a Felony 511?

    No prior arrests in Suffolk but extensive criminal history in Nassau.

    Daniel’s Answer

    As the other attorneys have already stated Suffolk is a tough county for these matters. Get an experienced criminal defense attorney ASAP.

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  • My Mom just passed away Jan 18 and things are popping up that are unbelievable. I just discovered there are two wills

    My Sister came up with a will that excludes my brother and makes her the executor. And my brother states he has a will with all of our names as the executors .. I am only seeing bits an pieces that he is scanning and my sister's will does not ...

    Daniel’s Answer

    With the information you provided it is clear that your mother's estate will probably become very complicated. You should consult with an experienced estate litigation attorney and not sign any papers that either of your siblings may approach you with until you do.

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