Archived
Are the tenants protected from eviction till the end of their lease, if the property goes into Foreclosure and bank sells it?
Bryan's answer
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Answered on January 24, 2015
A foreclosing party can move for a writ of assistance to evict tenants who were named in the foreclosure or who moved in after the petitioner filed...
Archived
Do I have any avenues available to me to recuperate money I loaned to a relative?
Bryan's answer
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Answered on January 20, 2015
Do you have canceled checks, a record of deposits, and correspondence? Gather them, and consult with a commercial attorney to discuss your options.
Archived
How do I override my mothers brother as heir to her estate
Bryan's answer
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Answered on January 20, 2015
If a person dies without a will (i.e., intestate), then the law of intestacy determines which relatives inherit the estate. For example, if your...
Archived
How do I recover a lost cd from my mothers estate and other finances
Bryan's answer
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Answered on January 20, 2015
If you have letters appointing you as fiduciary (issued by the Surrogate's Court), take those letters, a copy of the death certificate, and any...
Archived
A two time convicted felon for drug charges is named executor in a will.
Bryan's answer
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Answered on January 20, 2015
Felons are automatically ineligible to receive letters testamentary unless they are pardoned or receive a certificate of good conduct. If there is...
Archived
What type of motion could I filed, in a 2012 guardianship article 81 A case?
Bryan's answer
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Answered on January 19, 2015
I agree with my colleagues. Motion practice is a delicate process. Show the original order and your evidence to an attorney, and discuss your...
Archived
How can I sell a house as a trustee?
Bryan's answer
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Answered on January 18, 2015
If the deed was never transferred from your parents to the trust, then the real estate may have nothing to do with the trust.
Did your last...
Archived
Can I refuse to have a four way conference with my ex and our lawyers?
Bryan's answer
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Answered on January 18, 2015
If one side refuses to negotiate or acts in bad faith, then the conference seems futile. If the conference is mandatory, then participate in good...
Archived
Renters rights
Bryan's answer
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Answered on January 18, 2015
I agree with Steven. I would add that if you begin the process for a nonpayment proceeding and the tenant pays the rent (i.e., cures the default),...
Archived
My wealthy friend from China wants me to help him to invest one million dollars in commercial property in NYC.
Bryan's answer
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Answered on January 17, 2015
Be cautious and make sure everything is legitimate. If he is that wealthy, he should be sophisticated enough to know that he needs an attorney,...