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Robert Friedman's Answers
- 10 Legal Answers
- 19 Legal Guides
1
Attorney answers:
Can i refuse to rent my vacation home in NYS to tenants under the age of 21?
It would be discrimination on the basis of age to refuse to rent to tenants under the age of 21. A tenant at least 18 years old has the right to rent an apartment. However, you could screen-out tenants using who don't meet certain criteria such as good credit, positive tenancy references and history of full-time employment. Have all applicants complete a rental application.You should also have lease provisions which prohibit parties. Protect yourself by charging a large security deposit....
1
Attorney answers:
My husband received a marshal's notice of execution against property. can property I own be seized?
The Marshall can not seize your property. Furthermore, the following personal property of your husband is exempt from application to the satisfaction of a money judgment : stoves and necessary fuel therefor for sixty days; one sewing machine; the family bible, family pictures, and school books and other books, not exceeding fifty dollars in value; a seat or pew in a place of public worship; domestic animals with the necessary food for those animals for sixty days not...
1
Attorney answers:
Out of state administrator
There is no New York estate tax on estates under one million dollars. For further information on New York admininstrator's duties, see the free "Executor's Legal Survival Guide" at http://www.legalsurvival.com/legal_faqs/elder_law.html#executors_guide
1
Attorney answers:
What can I do if my spouse will not sign the seperation agreement?
To have a valid separation agreement, both spouses must sign. If your husband refuses to sign, you will have to commence an action for divorce or separation. Contact an attorney to discuss the grounds for a divorce action. The link below has information on the grounds for divorce.(This does not constitute legal advice).
2
Attorney answers:
Gift tax/down payement
New York no longer has a gift tax. The annual federal gift tax exclusion is $12,000 ($24,000 for married donors) for 2008 and $13,000 ($26,000 for married donors) for 2009. In addition their is a lifetime exclusion of $1,000,000.(This is not considered to be a substitute for legal or tax advice.)
2
Attorney answers:
Felony Case
The good standing of a New York attorney and/or any information regarding disciplinary actions must be confirmed with the appropriate Appellate Division Department. Information on how to contact the Appellate Divisions of the Supreme Court in New York is available at www.nycourts.gov/courts.
1
Attorney answers:
Landlord/tennant
There is no 72-hour "cooling off" period for leases in New York. The landlord is generally entitled to keep at least one months rent and possibly more depending on the terms of the lease. (This does not constitute legal advice.)
2
Attorney answers:
Liability waivers/insurance/dance studios
You should have your own liability insurance in addtion to a waiver drafted by an attorney. Schools often require that they be named "additional insureds" on your policy. If a dancer is injured, he or she would name both you and the school as defendants. Insurance would cover your legal defense costs. For additional protection, you should consider forming a corporation or limited liabilty company. (This is for informational purposes only and does not constitute legal advice. I am admitted to...
1
Attorney answers:
Suing sole proprieter not LLC
No, the LLC is not the proper party to be sued.Limited Liability Companies (LLCs) provide two levels of liability protection. First, if there are at least two members of the LLC, creditors can not levy against the member's interest in the LLC for the member's personal debts and judgments. Secondly, if the LLC is sued, the creditor or plaintiff can not attach the member's personal assets to satsify the judgment. Since the LLC was not in existence at the time you purchased the ads, it is correct...
2
Attorney answers:
Sale of home that is in trust
The trustee of the trust has the authority to sell the house. He has a fiduciary duty to get the best possible price for it. If you wish to purchase the home, an appraisal should be done to determine the market value. When the proceeds are distributed and the trust is terminated, all beneficiaries will have to sign releases. You should retain an attorney to negiotiate with your brother or his attorney and to protect your legal rights as a trust beneficiary. (This does not constitute legal...