Must we use the NYS Small Estate process when there is a will but no assets or property other than a bed, TV, and wheelchair?
Shawn's answer
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Answered on July 30, 2020
When a Decedent (the person who died) had less than $50,000 of personal property then the estate is considered a small estate, and the estate...
Does the original deed to a property over ride the new quick claim deed in trust?
Shawn's answer
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Answered on July 30, 2020
It does sound like the property was conveyed to some type of trust and that the trust now has title to the subject property. However, an attorney...
How to evict an unknown holdover occupant from a property purchased from a foreclosure?
Shawn's answer
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Answered on July 30, 2020
I agree with the attorney above -- you may ultimately need to bring a holdover proceeding in the local court of jurisdiction to evict the tenant....
If family home inherited by two siblings are both siblings responsible to pay property taxes? The home is in upstate New York.
Shawn's answer
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Answered on July 12, 2020
I agree with the answers provided above by both attorneys. The inheritance of a family property is often a cause of sibling dispute. It is true...
Archived
Can I sue my landlord for mold in my apartment?
Shawn's answer
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Answered on June 20, 2017
Yes. You may have a valid claim against the landlord for his/her negligence in failing to protect you from exposure to a hazardous substance. You...
Archived
I've found a FSBO but don't want to use my real estate agent. Can I just use a real estate attorney to purchase the condo?
Shawn's answer
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Answered on May 24, 2017
Yes. I agree with my colleagues; if it's a private transaction (no realtors involved on either side) hiring just a real estate attorney will not...
Archived
Am I allowed to know who counsel plans on bringing in as a witness?
Shawn's answer
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Answered on April 27, 2017
Yes. At you pre-hearing conference the hearing officer should set a schedule for disclosure of witnesses and evidence for both parties; including...
Archived
Will this be one big law suit or multiple? If multiple will they be seperate?
Shawn's answer
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Answered on March 07, 2017
This will be a single lawsuit against the owner(s) and operators of the trucks. Your cousin should consult with an attorney to discuss the...
What documents does one attach to a Motion to Reargue following a failed motion to dismiss, and to whom is this motion served?
Shawn's answer
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Answered on March 07, 2017
You should also preserve your right to appeal in the event your motion to reargue is denied. If you decide to appeal, your or your lawyer must file...
What should i do if my landlord hasn't fixed my heat or repaired, replace my refrigerator after i complained about 2 months agi.
Shawn's answer
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Answered on March 07, 2017
The most problematic issue for you is that the landlord has served you with a notice to vacate; the landlord is notifying you that you must vacate...
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