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Mark Michael Campanella
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Mark Campanella’s Answers

116 total


  • Do we have to have are living wills, power of attorney and are regular estate wills redone.

    We have now moved to upstate NY do we have to redo all of these in the state of NY and would we be better to do a trust instead of will for what little we have?

    Mark’s Answer

    Do you HAVE TO redo your will? No. Is it probably adviseable coming from another jurisdiction/state (if I'm reading your inquiry correctly)? Probably, if for no other reason than to ensure that the laws of the jurisdiction where you presently reside control over the will and your assets. I'd be less concerned about redoing your health care proxy and power of attorney, but still, it's adviseable. As to a trust versus a will, it's impossible to say which makes more sense for you given the few details you've provided. You'd be best served consulting with local counsel to determine what would be best under your particular circumstances.

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  • If I am living in an illegal basement apartment and owe a lot of back rent can landlord kick me out?

    I live in an illegal basement apartment I am having a lot of financial problems. It is me and my young son. I owe maybe 6 months rent. I am a single mother and am trying to get money to pay current rent but need time. He agreed as long as I pay ea...

    Mark’s Answer

    He can terminate your monthto month leasehold, then commence a holdover proceeding against you to remove you from the premises. However, if it is in fact an illegal apartment, as you say, New York courts will not allow him to pursue back rent that is due.

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  • How can I sue someone for money they own me if I don't have their address?

    My roommate moved out, but he didn't paid his rent for 4 1/2 months. What should I do in order to sue in a small claims court . The total he owns is about $2,500. I do not have his address. I only have his tel#

    Mark’s Answer

    Given the amount at issue, small claims is your best option - if you can locate him that is. The easiest way to track him is to send a letter to the tenant's last known address and mark it as return receipt requested. If he provided the post office with his forwarding information, this should provide you with the necessary information. Once you know where located, you must commence the small claims proceeding.

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  • Which tend to be stronger at Personal Injury 1) attorney's who focus 100% on PI, or 2) attorney's who also do defense work?

    I'm noticing each type has a very different approach to my case. 100% PIs are consistently of one approach. Defense attorneys who do PI are consistently of a different approach. So in your experience, which type tends to have more wins in gen...

    Mark’s Answer

    You're going to get a million opinions as to which is better, and I don't think any one is right. For my two cents, attorneys who also do defense work bring a unique perspective to the table in that they know the system very well from the other side. That said, many attorneys who do exclusively PI work are excellent and have never done any defense work.

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  • Collection process and fee

    I have a court judgement from Nassau County, NY about 130,000.00 + court fee + interest,. I put the lien on his house but I received a letter from a foreclosure lawyer working for mortgage bank. As far as I know, the house is still under the dep...

    Mark’s Answer

    You nailed it on the head - where is he and what assets if any does he have? Keeping in mind that short of the judgement being for an intentional act, he can always attempt to file bankruptcy, in which case the debt could be discharged in whole or part. With that realization in mind, your best bet for trying to enforce this judgment is to hire an attorney who specializes in collection work. They will be able to track major assets, discover likely addresses and hopefully bring about some measure of satisfaction. If you can't locate him yourself and/or he no longer resides at the home in which he seemingly doesn't have an interest, you may not have many other options. Given the amount of the debt, it's certainly worthwhile to pursue, but, again, you need to understand that the amoount of the judgment alone may make bankruptcy a very appealing alternative for the debtor.

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  • Not sure where to find the required resources

    I was asked to get information about the corporate director nomination procedure for the state of Nevada and locate some resources to have a Delaware c corporation created with the nominee process. I've found nomination procedure but am not sure i...

    Mark’s Answer

    You may want to direct your question(s) to the Nevada and/or Delaware sections provided by Avvo. I'm not sure New York counsel can necessarily help you.

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  • Alternate PoA?

    My mother is 97. Eldest sister is in Florida and asked me (local daughter)to assume duties. I am only alternate agent. Does primary agent need to resign?

    Mark’s Answer

    It depends on how you're respectively listed on the POA. If, as you say, you are merely the alternate and not joint agents, then you could assume the duties if your sister is no longer willing or able to perform them, but you should have her resign the position in writing. You would have to refer to the provisions of the POA to determine what else, if anything, might need to be done per your mother's wishes, but assuming it's a straight forward durable POA, nothing else would be required.

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  • Have a new york state title that says no liens recorded. owe the person money. can they take back the vehicle.

    person said will come and get the vehicle for the money owed but the title says no liens recorded. Can he take back the vehicle

    Mark’s Answer

    Unless he actually filed a lien against the vehicle for the money you owe him, any lien search performed would, not unsurprisingly, come back clean. While he certainly has a basis for commencing an action against you for money owed per the terms of the agreement, he cannot take the car away without risking engaging in criminal conduct.

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  • My husband left everything to me which is less that $125,000. Do I need to probate the will? My will is a duplicate.

    Do I need to do a new will or keep this one for me?

    Mark’s Answer

    It's possible that the will needs to be probated, but it's impossible to say based on what you've provided. Although you indicate the estate is worth $125k, what is it comprised of and how are the assets held? If most of the assets are jointly held or extra-testamentary, then it's possible the will may not need to be probated. As the other responding attorneys suggest, you should consult with counsel to determine what needs to occur under your circumstances.

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  • Are there any legal issues arising from the typed agreement received?

    I am the accountant and I ran into an issue that is new to me. My client(my brother) purchased an exisiting Hair salon . It is an LLC, NY. The only doc received is a typed agreement made up of a few paragraphs that DOES NOT specify what the sale o...

    Mark’s Answer

    There are several issues. In order to protect his interests, your brother and the seller should not only execute a detailed asset purchase agreement that fully outlines the terms and what's included in the sale, but he should conduct full due diligence to determine whether this deal can/should be concluded. He really should speak with a qualified business attorney in his area before proceeding.

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