Archived
What should I do about a home buyer that put a down payment on property, but now will neither close nor withdraw the offer?
James's answer
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Answered on March 14, 2013
What does the contract say? Generally the contract states that you may keep the downpayment as liquidated damages in the event of the default. You...
Archived
I live in NY and my husband and I own our home jointly. My husband died without a will. Do I have full title to my home.
James's answer
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Answered on March 14, 2013
Yes. By operation of law on your husband's death you become the sole owner. You would not need to change the deed when you sell, you would simply...
Archived
I would like to know if my husband's funeral bill is part of his estate. I am getting conflicting answers on this issue.
James's answer
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Answered on March 14, 2013
Absolutely ! If he had a will it would usually state in the first paragraph that the executor pay the debts and funeral costs as an expense of...
Is an Ancillary proceeding necessary for a non US citizen decedent's New York bank account to be released ?
James's answer
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Answered on March 14, 2013
You need to do an ancillary probate in New York. You can always go it alone without an attorney. Just like you can repair your roof or fix your...
Archived
In ny my step son's feel entitled to the entire estate when they already have insurance as well?
James's answer
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Answered on March 14, 2013
In New York, one cannot legally disinherit his/her spouse. If he leaves you out, you would be entitled to exercise whats called a "right of...
Archived
If a lawyer asks you for more money and you cant afford it does he still get a percentage
if i file on my own
James's answer
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Answered on March 14, 2013
What does your retainer agreement say? It sounds like your attorney is working on a contingency basis ( he only gets paid if he wins or settles...
Archived
What does it mean when you receive a notice of probate of will?
James's answer
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Answered on March 14, 2013
It just means that he has a legal interest in the estate ( as his son and heir at law- or a party who would inhereit if there was no will, or...
Archived
Is spouse responsible for medical bills if there is no will, no power of attorney. spouse lives on social security alone.
James's answer
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Answered on March 14, 2013
Your mom is not legaly responsible for the bills. Was the $12,000 in a joint account with your father when he passed away? If so, they could...
Archived
Is my ex-wife entitled to any portion of the house sales in NY if she is not on the deed?
James's answer
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Answered on March 14, 2013
She could argue that the appreciation in value of the property during the marriage is a marital asset subject to equitable distribution. You were...
I bought basketball shoes and upon wearing them on the first day playing basketball they ripped and I was severely hurt
James's answer
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Answered on March 11, 2013
Sounds like you have a potential products liability claim. There are, broadly speaking, 3 different theories of product liability: 1) design...
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