Questions answered by Michael Timothy Dwan

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I'm trying to evict an abusive roommate. Not sure if a 30 day notice of termination is legal.

Michael's answer | Answered on January 10, 2015

You must give the tenant 30 days notice that you are ending her month to month tenancy and she must be out by end of 30 days or formal eviction...

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My father passed away can bank make me pay his neg. balance

Michael's answer | Answered on January 10, 2015

I'm a little bit confused by your narrative. But, in general, family members are not responsible for a decedent's debts, the decedent's estate is.

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My Father passed away in February of 2010 and before he passed he had lost several cashiers checks.

Michael's answer | Answered on January 10, 2015

If you are appointed as the fiduciary for your father's estate, ie Executor or Administrator, you should be able to get any information from the...

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My son ways caught with paraphernalia. I pipe. The cop did not charge him. But the next day he did. Is this right.

Michael's answer | Answered on January 10, 2015

The officer can issue the ticket or file a complaint after the time of the infraction. There are all sorts of scenarios where this would play out,...

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Can i request a different court appointed attorney?

Michael's answer | Answered on January 10, 2015

You can always contact the public defenders office and ask for a change of attorney, but there is no guarantee it will solve your problems and it...

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Walmart theft

Michael's answer | Answered on January 10, 2015

In NY where I practice, i have seen stores issue letters through law firms demanding a "civil penalty" pursuant to statutory authority. They claim...

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If an attorney writes a trust & you move out of state and redo it, does the new attorney have to send a copy to the old one?

Michael's answer | Answered on January 10, 2015

Whenever updating estate planning it is always a good idea to notify your previous attorney so that they can take appropriate measures with their...

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My father passed away, leaving only a safety deposit box. He had no will, and 2 children.

Michael's answer | Answered on January 10, 2015

An appointed executor or administrator is not personally liable for the debts of a decedent absent any fraud or wrongdoing on the part of the...

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Sharing personal account information

Michael's answer | Answered on January 10, 2015

The loan agreement you executed with the bank usually spells out the rights and obligations of both parties concerning these issues. See if your...

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How does nys cpl 30.30 apply to the alleged victim who continuously skips court even after a warrantwas issued and then released

Michael's answer | Answered on January 10, 2015

You should ask your attorney when they intend to file your speedy trial motion. There is no guarantees that the judge will agree with your...

Michael Timothy Dwan's Answers (41)

I'm trying to evict an abusive roommate. Not sure if a 30 day notice of termination is legal.

My father passed away can bank make me pay his neg. balance

My Father passed away in February of 2010 and before he passed he had lost several cashiers checks.

My son ways caught with paraphernalia. I pipe. The cop did not charge him. But the next day he did. Is this right.

Can i request a different court appointed attorney?

Walmart theft

If an attorney writes a trust & you move out of state and redo it, does the new attorney have to send a copy to the old one?

My father passed away, leaving only a safety deposit box. He had no will, and 2 children.

Sharing personal account information

How does nys cpl 30.30 apply to the alleged victim who continuously skips court even after a warrantwas issued and then released