Archived
How do I begin the DIY process of applying for a land easement variance on a landlocked property in Wawarsing, NY?
Bryan's answer
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Answered on July 29, 2018
I think that your first strategy should be to examine the public records to determine if an easement exists. If not, I think that you should...
Is Surviving spouse responsible for all debt of deceased spouse in NYS?
Bryan's answer
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Answered on July 29, 2018
The deceased husband's estate is responsible for the debt that is in his name unless the wife co-signed or guaranteed the debt. Show the...
Do I need a lawyer to break seal on a last will and testament?
Bryan's answer
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Answered on July 28, 2018
A seal is not required on a will. If your father's only asset is a car, you can use the small estate procedure to probate his will. When you are...
Can the town of brookhaven force us out of our rented apartment in a private home. because the landlord didnt pay electric bill
Bryan's answer
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Answered on July 27, 2018
To remove someone from real estate, an occupant must be evicted. A court must issue a warrant of eviction or similar writ that is enforced by a...
Archived
Can an irrevocable trust get a mortgage in NY
Bryan's answer
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Answered on July 27, 2018
Most likely, the trust will not be able to secure a mortgage loan. Each lending institution has its own lending guidelines and performs its own...
Archived
Mother deceased with no deed and 7 children. One child literally lived with mother for 30 years. Can she wait for foreclosure to
Bryan's answer
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Answered on July 26, 2018
If one heir doesn't sign the waiver of citation, the petitioner for letters of administration should obtain a citation from the court and serve the...
How can I prove that my great aunt is related to me in order to receive items from her will?
Bryan's answer
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Answered on July 25, 2018
The best way to handle this is to ask the attorney what is an acceptable form of proof in that jurisdiction. In American courts, you can provide a...
Can I sue my former tenant in New York if they moved out of state?
Bryan's answer
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Answered on July 25, 2018
Yes, you can obtain jurisdiction over and sue the former tenant. Consult confidentially with an attorney so that you file in the appropriate court...
Archived
How can I get my name off mortgage if we have called off our relationship?
Bryan's answer
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Answered on July 25, 2018
The mortgage loan needs to be paid or refinanced.
Under the refinance scenario, you may agree that you will sign over your interest in the...
Archived
Can Medicaid clawback from 401k passed to children? This is in NY state.
Bryan's answer
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Answered on July 25, 2018
Medicaid can seek recovery from a deceased recipient's probate estate. If the 401(k) plan names beneficiaries, then it bypasses probate. If there...