What di I have to do legally if my fence was installed backwards, facing the wrong way? It was like that when I moved in.
Bryan's answer
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Answered on December 13, 2017
The only way to know the property line with certainty is to have a surveyor stake the line or to locate the small monuments that a surveyor...
Archived
How can I gain power of attorney over my sick mother.
Bryan's answer
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Answered on December 13, 2017
If your mother lacks capacity to sign a power of attorney, then you would need to obtain a guardianship over her. It can be handled on an expedited...
Archived
Can Step-Up Basis for New York Home Be Lost if Successor Trustee Replaces Grantor Before He Deceases?
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Answered on December 12, 2017
If the successor trustee succeeds the grantor as trustee during the grantor’s lifetime, the stepped-up basis of the property is not automatically...
Archived
Can you apply for adult guardianship for no reason ?
Bryan's answer
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Answered on December 11, 2017
Under the basic circumstances that you describe, your family would not be able to obtain a guardianship over you. The Court applies a high level...
Father passed. He had will. He left all to both me and my sister. He disinherited my 2 brothers in the will.
Bryan's answer
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Answered on December 11, 2017
As a matter of law, the people who were legally entitled to the property inherited it when your father died. As a practical matter, you need to...
Archived
How do I move forward to pull together my deceased brother's estate?
Bryan's answer
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Answered on December 11, 2017
If the estate is worth $30,000 or less and there is no real estate, you can file a small estate proceeding. If it is worth more than $30,000 or...
Archived
How can I evict seller after short sale closing ?
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Answered on December 10, 2017
If you have a written agreement with him, you should show it to an attorney who handles evictions. You will likely have to evict him in a holdover...
Archived
How can I get off the lease I have with an ex-girlfriend?
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Answered on December 10, 2017
You can ask your landlord for permission to sublet or assign your interest in the lease. If you assign your interest, the new tenant will assume...
Archived
I prepared a Will myself my question is does the Notary have to be an attorney in the state of NY or can it be any NY Notary?
Bryan's answer
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Answered on December 09, 2017
A will does not have to be notarized. The testator signs, and it requires at least two witnesses. A self-proving affidavit is notarized. The notary...
Archived
How long can I stay in a house that has been foreclosed and auctioned off? How long do I have until the court proceeding start?
Bryan's answer
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Answered on December 09, 2017
The new owner can pursue a post-foreclosure eviction. He can obtain a writ from the N.Y. Supreme Court or a warrant from the landlord-tenant court...