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Kevin F. Alexander

Kevin Alexander’s Answers

23 total

  • Hi We have a registered trust in existence since 6 years. We need some amendments that we have already drafted and marked .

    on the copy changes to indicate substance of changes as we perceive. How do we go about obtaining cost effective legal help?

    Kevin’s Answer

    Mr. Weinstein's suggestion of checking the profiles on Avvo is a good one. Referrals from friends and family can also be an invaluable source. Though cost is always an important factor, it is also important to find an experienced estate planning attorney that you feel comfortable working with. Good luck.

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  • Mentally & physically disabled father denied long term care and Medicaid. How can I get him the care he needs?

    Father has multiple mental and physical disabilities including being on dialysis, bipolar, Alzheimer's, dementia, etc. he has been in nursing homes repeatedly for "rehab" stints, but continually denied long term health care and assisted living. ...

    Kevin’s Answer

    I agree with Mr. Fredrick that you must consult with an attorney who can help you make the best decision after asking you questions and getting all of the facts. From what you said, obtaining guardianship of your father seems to be a possible option. Every state has it's own requirements necessary for the appointment of a guardian over an adult. Typically a guardian will be appointed by a court if the judge is convinced that the person is not capable of making decisions over their person and/or finances. That decision will be based upon a medical report or testimony by the person's physician as well as other factors. I hope that helps and good luck.

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  • I remodled a building to open a restaurant. I installed a ventalation hood and i installed a walkin cooler.

    The hood has two vents thru the ceiling and two holes in the roof for the hood system. I also installed the fire supression system in the kitchen. The walkin area had a cooler there before me. The electricity was there already. The owners of the b...

    Kevin’s Answer

    I agree with Mr. Alexander. I would add that most likely any commercial lease for a restaurant has a provision directly on this point. You may find that the particular items that you mentioned may be covered specifically in the lease. These type issues must be covered in negotiations prior to signing the lease. It is always too late after the fact.

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  • My husband grandmother dies and it states in the will that all other real property is to be sold and money given to him.

    The house is suppose to be in his mother and aunts name but that was his grandmothers house where she lived and paid bills at. Is my husband entitled to money if his mom and aunt sale the house? His grandmother stated at one point she put the hous...

    Kevin’s Answer

    If the house was legally transferred to your husband's mom and aunt, and there was a valid deed recorded in the county where the property is situated, they own the house. Only property in the name of your husband's grandmother at the time of her death is subject to the terms of the will. Therefore, your husband's mom and aunt would not be legally obligated to give any of the proceeds of the sale of the home to your husband. It may be a different story if any fraud or deception had been used to induce your husband's grandmother to sign the deed, but that would be very hard to prove anyhow. Often times, people transfer their property without doing any well thought out estate planning which could bring unattended results. Perhaps that happened here.

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  • Do you need to get someone served who has no contract and is on a month to month?

    My tenants lease expired over a year ago so she is doing a month to month. I have tried to move into the unit for the past 5 months but she keeps telling me she needs time to find a place. She keeps putting it off and I have had enough and want he...

    Kevin’s Answer

    I agree with other two attorneys that have answered the question. You don't necessarily need a written lease to have a valid tenancy and a month to month is a valid tenancy. You potentially will have to serve two notices upon your tenant. First, you will have to serve a thirty day notice to terminate the tenancy. After the notice has been properly delivered, then you can file an eviction. The second service will be the summons and complaint delivered by the county sheriff. Perhaps the tenant will move when you deliver the thirty day notice. Maybe they didn't think you were serious before. Either way, you will need an attorney to help you. Good luck.

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  • I want to purchase a condo with VA financing. I have to have the property VA approved first. How can I do this?

    I'm told that condominiums and townhouses have to be pre-approved by the VA before VA financing can be used for the purchase. The property in question is a detached condo in a development built in 2011. The listing agent claims to have attempted t...

    Kevin’s Answer

    Unfortunately there is not much you can do personally to get the condominium development approved by VA. The complex must meet certain criteria and VA guidelines in order for them to finance any units in the development. The number of units rented versus owner occupied, number of units that have been sold and closed by the developer, and a minimum number of units in the complex behind in association dues, are a few factors taken into account. A representative for the condominium board of managers will have to complete an affidavit supplied by VA which will have all of the questions they require answers to for approval. VA also will require certain documentation to be reviewed by them. The financial situation of the condo is critical to their approval, so they will want to see the current budget, minutes of prior meetings and the amount of money in the reserve account, to name a few. As far as moving things along quickly, it will depend on how fast the association meets the requests for documentation. I hope this helps and good luck.

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  • Can my landlord make me get rid of my dog or evict me, if I don't in Staten Island?

    I own a 1 year old American bully, my landlords atty sent a letter to me today saying "I have been harboring an unauthorized pitbull & am in violation of my lease, I must remove the dog and give them access to verify he is gone w/I 5 days of the r...

    Kevin’s Answer

    The pet provision of the lease would have to be read in order to give you the best answer. However, it sounds to me, just by what you said, that you are in violation of your lease. First of all, you said that you are allowed one dog and you have three. Second of all, it sounds like the landlord is supposed to approve all dogs even though you are allowed to have one, being he reserves the right to determine "what dogs are vicious or aggressive ". You obviously didn't notify him that you were getting a Pit Bull. Certain breeds of dogs, Pit Bulls being one of those breeds, either are disallowed on the premises by insurance companies or could cause the insurance premiums to rise drastically. The landlord may have a personal liability concern that your Pit Bull could bite someone after he has knowledge that the dog lives on his premises.

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  • What do "gross proceeds" on a real estate document , mean. My uncle died, I get the proceeds from the sale of his property.

    It says gross proceeds, 2,500.$ Does that mean I get that amount?

    Kevin’s Answer

    No, the seller gets the net amount, not the gross amount shown on the HUD Statement provided at Closing.The gross amount is the total amount due to the Seller without any expenses deducted. The net amount is what the seller of the property gets after paying all expenses connected with the sale. This would include title charges, closing costs, broker commission and several other charges that normally are seller costs. I hope that helps.

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  • My dad will not eat he passed out 2 days ago. I thought he was dead I had to call 911. What can I do?

    66 Years old trying to see if we (my Siblings) need to get power of attorney over him and if it is possible that we could

    Kevin’s Answer

    A power of attorney for both property and health care is always advisable. However it might not be possible in the situation you describe due to your father's medical condition. Powers of attorney must be entered into only by a person who is not under duress and has full mental capacity. That means your father must choose to give one of you his power of attorney by his own free will and not be coerced into it. Also, your father must be capable of deciding who he wants to be his agent and understand exactly what powers he is giving to the agent. If your father is not capable of appointing an agent under a power of attorney at this point, you and/or your siblings could petition the court for guardianship. An elder law attorney will be able to guide you. Good luck.

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  • How do I figure out if a short sale or foreclosure is better for me?

    We have a house in CT but I took a job in another state. We tried to sell the house but with no luck. So we rented it and are/were losing money on it. We want to sell it but are underwater. We bought a house where we live now and are having a ...

    Kevin’s Answer

    I can't think of a scenario where a foreclosure would be more advantageous to you than a short sale. Two benefits of a short sale are that your credit won't take as big of a hit as with a foreclosure, and you will have a much better chance of not getting stuck with the deficiency. In fact, these days, we have been able to get a lot of actual deficiency waivers on short sale transactions and even get relocation credits to the sellers allowed by the short sale lenders. However, lenders typically won't consider a short sale if the loan isn't in arrears

    I suppose there does become a point where much of the benefit of a short sale gets lost. If the loan is delinquent for too long and the foreclosure ends up getting filed, then your credit will end up getting hit pretty hard even if the short sale ends up going through. Perhaps a loan modification would be a good option if you can afford to make the payments with the rent you're collecting if the payments were lower. I would suggest you take action sooner rather than later and answer all of the lender's requests for documents as quickly as possible either with a short sale or loan modification request. Good luck..

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