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Robert Friedman

Robert Friedman’s Answers

10 total

  • Can i refuse to rent my vacation home in NYS to tenants under the age of 21?

    private home in private adirondack lake community. afraid of renting to groups of high school "after-prom" groups and/or college students who are under 21 due to the likelihood that they will be drinking.

    Robert’s Answer

    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. Consult with an attorney for guidelines on screening tenants and using leases.

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  • My husband received a marshal's notice of execution against property. can property I own be seized?

    My husband defaulted on a school loan made before we married. He hasn't worked for the last three years; I support us both. Aside from the musical instruments he owns the property in the apartment all belongs to me. Can the marhsal seize my pro...

    Robert’s Answer

    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 exceed four hundred fifty dollars in value; all necessary food for the use of the debtor or his family for sixty days; all wearing apparel, household furniture, one mechanical, gas or electric refrigerator, one radio receiver, one television set, crockery, tableware and cooking utensils : a wedding ring; a watch not exceeding thirty-five dollars in value; and necessary working tools and implements not exceeding six hundred dollars in value. This is not a substitute for legal advice.

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  • Liability waivers/insurance/dance studios

    Do I need to have insurance for my dance studio if I have it at a high school? Or can I just have a liability waiver?

    Robert’s Answer

    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 the practice of law in New York State only).

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  • Out of state administrator

    My father lived in NJ and passed away intestate with an estate under $10,000. My brother and I are the only heirs. I am the administrator and live in NY. If I open an estate account in NY am I required to file and pay estate tax for NY as well as ...

    Robert’s Answer

    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

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  • What can I do if my spouse will not sign the seperation agreement?

    I want to file a legal seperation and my husband will not sign... What do I do? For this to be legal does he have to sign?

    Robert’s Answer

    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).

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  • Gift tax/down payement

    I'm trying to buy my first apartment. My parents are going to give me the money for the down payment (about $30,000). Can they give it to me as a gift, without running into gift tax issues, since it is going directly to the down payment?

    Robert’s Answer

    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.)

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  • Felony Case

    Where do you find out if the lawyer who represented you in a case has any lawsuits or complaints against him?

    Robert’s Answer

    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.

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  • Suing sole proprieter not LLC

    I was served in the Justice Court under my name for a debt they said I owed in 2007. It was for ads I run in a paper for my Real Estae Company. I was not an LLC yet only a sole proprieter. But I formed an LLC in March of 2008 and they are brin...

    Robert’s Answer

    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 for the newspaper to sue you personally. Sole propreitors are personally liable for business debts. However, if a judgement is awarded against you and the LLC has two or more members, the newspaper can not attach your interest in the LLC.( This is not considered to be a substitute for legal advice. I am admitted to practice law in the state of New York only. You should consult with an Arizona attorney for more specific information for the state of Arizona.)

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  • Landlord/tennant

    When someone pays a deposit and the first months rent are they entitled to a full refund if they change their mind within 72 hours even if the landlord is unable to rent the premises within the month and has turned people away due to the deposit o...

    Robert’s Answer

    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.)

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  • Sale of home that is in trust

    my mother past jan 2007 in her trust the home is to be sold and the money from the sale of the home is to splite 3 ways does all 3 of us have to sign or ok the sale of the home? the reson for the question is i want to buy the home my brothers are...

    Robert’s Answer

    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 advice. I am admitted to the practice of law in NY State only).

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