More Details:My grandmother owned the 3 family house I currently live in now. My parents occupy the the other apartment and the third has been vacant since my Grandmothers passing. My grandmother left a will in the 70s splitting the house 50/50 with my mother who lives in the house currently, and my Aunt who lives in Atlanta GA. My Aunt wants to sell the house and take her half of the money, but we don't want to sell. One lawyer told us as long as the house is our current residency we don't have to sell, and another lawyer told us we would be forced to sell and have 90 days to do so.
Answer- The aunt could force a sale in court, as simply, the house is part of an estate. There are strategies to avoid a sale, but the longer one waits to find a solution, the greater the likelihood that down the road, a sale will occur, to satisfy the aunt's interest in the property.
More Details:I am in the process of drafting a basic codicil for 2 points to my Mom's will. I'll be brief. One point is that she wants her middle son to be able to reside in her home after she passes and until he marries. The second point is that one bank account of hers goes directly to the middle son. I reviewed samples of codicils on the internet and being in NY we only need 2 witnesses. I did not see a requirement for a notary. What advice can you provide me. Thank you.
Answer- My advice is to stop trying to be the lawyer- your mother should consult with an attorney who will determine whether a codicil or a new will is appropriate, and select the appropriate language. Internet wills are frankly, a waste of money.
My child's (other parent) doesn't want me to move out of state, where I have a job offer. I have custody, and want the other parent to continue to see their child and have a good relationship.
-You may have to obtain a Family court order to 'relocate', which is dependent on a number of factors, including, the wording of any existing custodial order or agreement, the length of time the job offer remains open, your child's wishes(depending on the age), the location of your new home, and your economic and familial situation. these proceedings can result in an extensive trial.
If I marry a person with debt, will I then be responsible for any of the bills?
-Your prospective spouse's premarital debt will not be your obligation, unless you agree to assume responsibility for any portion. To obtain certainty, you may wish to obtain a prenuptial agreement.
What can I do if the landlord is not fixing the problems with my apartment?
-You can file an 'hp' or 'housing part' action directly against the landlord or management in the Civil Court, Housing Court. The clerks will help you fill out the paperwork, and if the judge signs an order, your apartment will be inspected, based upon your complaints. You will then have to show in court when the landlord or management appears to answer the claim.
I have a tenant who is engaged in illegal activity. What do I do?
-In the City of New York, to evict a tenant, a termination notice must be served, followed by bringing an eviction proceeding in the Civil Court. Knowledge by a landlord of illegal activity, such as the sale of drugs, or underage drinking, can subject a landlord to liability and other problems.
My child's other parent is asking that I agree to joint custody, with final say on everything
-Joint custody refers to arrangements where parties can discuss issues as they arise. It appears that the arrangement proposed is not to your liking, as the other parent will have final say on all issues. There are joint custodial arrangements that can be created, where each party can have the final word with respect to certain 'spheres of influence', such as education or health.
THE LAW OFFICE OF GERRY WENDROVSKY 2749 Broadway(between 105th & 106th Streets), New York, N.Y. 10025 (212) 678-2767 telephone (212) 678-2772 facsimile firstname.lastname@example.org e-mail