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Arnold Garson Cohen
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Arnold Cohen’s Answers

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  • Can I legally buy my husband's house (that is owned by his deceased father's estate, for which he is the executor)?

    His deceased father's will gives to his children 1/2 of the estate. We are happy to put that money in trusts now (for whatever equity is currently in the home), but can not afford to pay off the mortgage in 20 years, sell the house, and have half...

    Arnold’s Answer

    Your situation involves probate law, real estate and estate planning. You need a lawyer comfortable with advising you in each of those areas.

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  • MY boss told my coworkers that my mom died and how, can I do anything about it?

    He told my coworkers that my mom died of heroin overdose and now I'm being harassed with questions by everyone he told.

    Arnold’s Answer

    In trying to imagine how this information may have been confidential, I wonder if it was part of your protected medical records or whether she was also employed by the same boss. You will need to determine whether your boss had some duty of confidentiality.

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  • Can I evict someone from a house when I'm the administrator of the estate?

    My mom passed away. She had a mortgage on her house. My disabled brother lives in the house and pays the bills until her estate is settled. My brother let his friend stay there but now the friend won't leave and the police have been called due to ...

    Arnold’s Answer

    The legal rights to the real estate are determined by the Will, if any, and, if no Will, by the law of the state in which the real estate is located. Consult a probate/real estate lawyer in that state promptly. You might get more guidance by posting your question under Probate.

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  • I was told that you must submit paperwork like investments & bank statements, addresses of those named in a trust within 9 month

    of the date of death. What happens if you miss that nine months deadline?

    Arnold’s Answer

    It would be wise for the successor trustee to consult legal counsel regarding the trustees responsibilities and how to perform them if the trustee is not already expert in those matters. Estate planning lawyers typically can give that advice. You might also post your question under "Trusts".

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  • My mother and father died and did not leave a will.but left the home house open for all the sister and brothers

    I live here and pay taxes my sister sent her son to stay ,does he have rights to stay here free. what are my rights

    Arnold’s Answer

    Each state may treat this situation differently. In Tennessee you and the other children of your parents would have equal ownership as tenants in common. Each has the same right to use the property for their own residential purposes. If one commercializes the use, then that one is obligated to account to the other owners for their respective shares of the profits. Obviously this situation is unworkable. In Tn the solution, in the absence of agreement of all owners, is to file a partition lawsuit asking the court to sell the property and divide the net proceeds equally. The taxes may be reimbursed to you off the top along with other preservation expenses by requesting that relief from the court. That is why you need to consult a lawyer. You may locate lawyers using the Find a Lawyer function at the top of this page. Good luck.

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  • My wife & I signed a lease that says only we will b living there. She's pregnant, can we b evicted for not disclosing that fact?

    The lease states that we are the only two permitted to live on the premises and goes on to define this 'only the undersigned' section of the document as meaning 'no roommates or subletting' essentially. There is also a clause that states either pa...

    Arnold’s Answer

    Again Mr. Rogers has given an excellent answer. If landlord complains about your child, then consult a lawyer promptly.

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  • When a parent dies,does the land he owns in his name only go to his children or to his new wife?

    The total land is held by the family 5 siblings, that my dad was one of. They each held an equal tracked. I wanted to know if since he remarried, does it go back to his siblings or to his children or to his new wife.

    Arnold’s Answer

    New or old a person's surviving spouse has statutory rights in the estate. However the actual legal ownership of the properties [real and personal] should be analyzed by your legal counsel.

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  • Can u use an AZ lawyer for a KY lawsuit when u have retained a KY lawyer 15 mths ago but he hasn’t done anything at all for the

    Can u use an AZ lawyer for a KY lawsuit when u have retained a KY lawyer 15 mths ago but he hasn’t done anything at all for the lawsuit except collect workman’s comp? Do I have 2 keep him since he hasn’t done anything and said “the...

    Arnold’s Answer

    Mr. Rogers gave you an excellent answer. You can locate lawyers using the Find a Lawyer function at the top of this page. If the case is in a Ky county near Tn, you may find a Tn lawyer who practices also in Ky.

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  • What format do I need to file with court of johnson county kansas to keep belonging that are in a house that has entered probate

    my fiance passed away in April , and her house has went into probate, her sons father has a lawyer her father has a lawyer I however can not afford a lawyer. I just want to keep my daughters and my belongings items my fiance and I purchased togeth...

    Arnold’s Answer

    Also talk with a lawyer that does probate practice in your area. You may be able to file a claim or lawsuit to recover your property and to establish your ownership.

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  • What is my legal standing?

    I bought some trading cards(Magic the Gathering) at a yard sale.I took the trading cards into my local card store to trade in for some newer(playable) cards. I spent about an hour picking things out after the owner accepted them. The next day I w...

    Arnold’s Answer

    Mr. Rogers gave you a solution that would end the problem, and that may be your best course. However, if you did not represent the cards to be genuine, then I do not think that you have a legal obligation to return them. If you told the buyer how you acquired the cards, he was on notice that they may not have been authentic. You may get additional perspectives by posting this question under contracts and agreements.

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