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Arnold Garson Cohen
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Arnold Cohen’s Answers

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  • Does a transfer on death deed trump the last will and testament in the state of New Mexico

    Does a transfer on death deed trump a last will and testament in the state of new Mexico.

    Arnold’s Answer

    Wills only control property owned at death and not transferred by right of survivorship as set forth in a contrat [e.g., deed, bank account, securities certificates or accounts, designation of beneficiary in a trust or life insurance policy or tax qualified retirement plan such as an IRA].

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  • What is the approximate cost for probate?

    Beneficiary of aunt's house and car. approximate cost for attorney for probate so house and car can be sold?

    Arnold’s Answer

    There is no standard fee that covers all lawyers. Banks have their own fee charts, and will give you a copy. You may make out better doing it yourself with a lawyer for the kind of estate that you describe. Call a couple or so probate lawyers and discuss it.

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  • Can couple get man to sign a quit and release form?

    A couple owns their land for 2 years,a man who they know offers 10,000,said he wanted to own and help pay for the rest of the land.. his name is added to the title.The man dissapears,cannot be reached.Never heard from for years..15 years have pas...

    Arnold’s Answer

    You have good comments from Mr. Johnson and Mr. Murphy. Be sure that your lawyer searches the title for encumbrances caused by "the man" before you pay any money to him.

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  • Bank has already proceeded with a Detainer Summons, Writ if possession, While the Court of appeals case was pending, VACATED !!!

    Bank has already proceeded with a Detainer Summons, Writ if possession, While the Court of appeals case was pending, now the Court of Appeals has Vacated the Dismissal and Remanded for further proceedings, HOW should I handle reversing all these j...

    Arnold’s Answer

    Even if you cannot afford a lawyer to represent you in court, you might engage an experience real estate litigator to advise you.

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  • If the business appraisal did not include money in the accounts or the receivables, what (and when) goes with the stock?

    My father was the sole stockholder of his business, but my sister helped him run it. He died and left her all of the stock in the will. Does she inherit all of the income from the business that was already generated and all the money in the acco...

    Arnold’s Answer

    Mr. Owens and Mr. Coyne gave you good answers. Bottom line: consult a lawyer face to face.

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  • How much would it be to get the house in my name ?

    My parents own my house and i wanted to put the house in my name sence iam 30

    Arnold’s Answer

    I agree with Ms. Vaccaro. Your wants and age are irrelevant. It is your parents' decision as to whether to transfer the house to you or to anyone. If there is an attempt to avoid ineligibility for Medicaid or other government benefits, you should consult an experienced estate planning or elder care lawyer.

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  • Is there a way to get the vehicle out of my name so i wont be liable for anything?

    Sold a vehicle did not do a bill of sale. Vehicle is still registered in my name. Individual we sold it to cant be found by numbers or address we had on file.

    Arnold’s Answer

    Discuss that question with the Dept. of Motor Vehicles.

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  • What can I do?

    I live in Tennessee. The person bothering me is in Colorado. She keeps emailing me. I stopped responding to her emails. She now is still sending them ..she constantly demeans me. Very rude and mean comments. Never even met her. She is mad cause I ...

    Arnold’s Answer

    I agree with Mr. Sauer. Also you can block her emails using the "Junk" or blocking function on your computer. If changing your email address is practical, consider that; but that may not help since you are engaging in some kind of fundraising on line. Retain in hard copy and electronically her emails in case you need them for evidence later.

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  • What kind of lawyer do I need for help with creating and maintaining a 501(3)c charity?

    What kind of lawyer do I need for help with creating and maintaining a 501(3)c charity?

    Arnold’s Answer

    A tax lawyer who deal with not-for-profit organizations can help you. In addition to setting up the entity [such as obtaining a corporate charter], the organization will need to file with IRS to obtain exemption from income tax. Do not try to do all of that yourself. You need a knowledgeable lawyer. However, see IRS Publication 557 and Form 1023. You might also post your question under Taxation to get additional comments.

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  • When I file an answer - what is it called? I assume a Motion to Set Aside 'something'? Where can I get a sample?

    I received a 14 day notice to pay rent or vacate on Thursday. I had been withholding rent due to the fact there was a mold issue, no heat, no smoke detectors, etc. The landlord was slow to respond to the mold (took months and there is still an i...

    Arnold’s Answer

    The best place to get that document is from your own lawyer whom you would be wise to consult and probably engage to represent you.

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