Get free answers to your Civil Litigation legal questions from lawyers in your area.
Can the last will and its first codicil, which have specific bequests attached, be absorbed into a living trust that is now irrevocable after the settlor's death? The trustee has notified only one of the 26 beneficiaries and has filed a petition to close the estate administration without... View More 
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answered on Jun 16, 2025
The key issue is whether the executor of the will and the trustee of the trust are the same person. If they are, it may simplify administration, but it also raises concerns about potential conflicts of interest—especially if the will and trust name different beneficiaries or contain inconsistent... View More
I am seeking clarification on judgment liens in New York. Specifically, I want to understand how long a judgment lien can last on my house and how many times a creditor can renew it. I've noted that CPLR 5014 discusses renewal to avoid lien gaps but doesn't specify the number of renewals.... View More
answered on Jun 16, 2025
A judgment is collectable for 20 years however a lien is good for 10 years and renewable for an additional 10 but must be renewed prior to expiration.
I am an investor in Landa Holdings, Inc., which manages several LLCs. For over six months, I have been unable to access my online accounts to manage my investments, and the company has not provided any timeline for resolving this issue. Additionally, I haven't received any distributions due to... View More
answered on Jun 15, 2025
First check your investment contract. If it contains an arbitration clause, you will probably have to file your claim in arbitration. If it does not, you should be able to file in court. You may want to make a formal demand for books and records before filing suit. Good luck.
I have 50/50 custody of my children with their father. The judge initially said one year with him and one year with me, but now they claim every year is with him. They say I can only have the children on Thanksgiving and Christmas, but I live with them and feel I'm missing out on special... View More
answered on Jun 15, 2025
You have to return to court to enforce the current timesharing as defined in the court order. Neither parent can arbitrarily change the schedule. Speak with a local family lawyer for more specific advice.
As one of my sister's siblings, I did not participate in any decisions regarding her estate after her passing. She had no will, children, or living husband, but one sibling took control and withdrew the money from her bank account, sold her furniture and car, and is now renting out her house... View More
answered on Jun 12, 2025
You should consult with a succession/probate attorney to discuss options and how to best proceed at this time. Some background will need to be done to see if a succession (via lawsuit, affidavit or otherwise) has been started/prepared. I will say one thing---that if the house is in your... View More
I received a letter from a legitimate Canadian lawyer stating that I am a beneficiary of someone who passed away 2 years ago and shares my last name, though I have never been in contact with the deceased person. The attorney confirmed their identity through their website, which appears legitimate,... View More
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answered on Jun 10, 2025
To verify if the letter is genuine, start by independently confirming the lawyer’s identity using the Canadian provincial law society’s website to ensure they’re licensed and in good standing. Then call the law firm directly using contact information from their official website to confirm the... View More
I received a letter from a legitimate Canadian lawyer stating that I am a beneficiary of someone who passed away 2 years ago and shares my last name, though I have never been in contact with the deceased person. The attorney confirmed their identity through their website, which appears legitimate,... View More
answered on Jun 11, 2025
’m already suspicious of the claim because it comes from a relative you don’t know and never heard of, and it is supposedly coming from outside of the United States.
Before I say anything else, everyone should know this: NEVER GIVE ANY OF YOUR PERSONAL INFORMATION TO SOMEONE... View More
I live in a rural area without leash laws, and my dog approached a neighbor's fence where their horse was. The horse kicked through the fence, injuring itself. My dog was unharmed. The neighbor asked me to pay the full medical bills for the horse, but I offered to pay half. There are no local... View More
answered on Jun 10, 2025
It depends on whether you took reasonable care to control your dog. If you are negligent in failing to control your pet, you can be legally liable for any harm it causes. When there is a leash law or local ordinance, it can be per se negligence as a matter of law if you do not comply with that... View More
I was urgently referred to an ophthalmologist by my primary doctor. Upon arriving 15 minutes late to the appointment, the receptionist was very rude and ultimately escalated the situation. Despite leaving a message for the head of the facility, I was instructed not to be seen there and was turned... View More
answered on Jun 9, 2025
There are no legal actions to be taken (other than complaining to the medical board) for rude behavior, even such heinous behavior such as described.
There is a possibility of a case if there was significant harm caused to your vision for the failure to attend to your medical needs,... View More
I sold a home in December and included in the purchase agreement was a condition that I, as the seller, would paint/epoxy the pool at my own expense. Due to weather conditions, it was agreed that I would complete this task after the escrow closed and the weather improved. I recently hired a painter... View More
answered on Jun 9, 2025
You should contact the painter and demand that he cure the work. If he refuses to do so, you should hire another painter to remedy the situation, pay that painter, and then sue the first painter you hired for the remedial work.
As a construction litigation attorney who has represented... View More
I was found in contempt of court in a child support case due to my inability to provide evidence of my inability to work at the time of the hearing. Since then, I have obtained medical records indicating a diagnosis of traumatic brain injury (TBI), neuropathy, progressive neuropathy, mental... View More
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answered on Jun 9, 2025
Motion to Vacate Contempt Order.
Base it on newly discovered evidence. However, your best bet is to apply for and receive Social Security disability benefits. If the government grants your SSDI application, they will provide half of your benefits to your children, which is likely more than... View More
I received a settlement from my motor vehicle accident in September 2024, and my lawyer has been handling liens associated with it. I've been trying to check in monthly, but I usually get the same response of "working on liens" without further details. Despite requesting an in-person... View More
answered on Jun 8, 2025
You provide none of the details necessary to provide any meaningful answer to your question. Liens and subrogation interests can be complicated and are easily confused. Why didn't you ask these questions when you authorized the settlement? In my experience, clients don't care whether... View More
I received a settlement from my motor vehicle accident in September 2024, and my lawyer has been handling liens associated with it. I've been trying to check in monthly, but I usually get the same response of "working on liens" without further details. Despite requesting an in-person... View More
answered on Jun 9, 2025
I'm very sorry to hear of the situation you find yourself in. Though not all necessary facts are provided in your description, I can confidently inform you that under nearly all circumstances, it should never take 10 months to resolve a client's liens. Personal injury attorneys know the... View More
I am in the process of purchasing a property with a tenant who has not paid rent for the past two years and occupies only one room. The eviction process has already started in court but has been postponed twice. The tenant does not have a lease agreement. The current landlord has asked her to... View More
answered on Jun 8, 2025
Dear Brooklyn Property Owner
Yes and maybe No. The question is best directed to your attorney. Your ability to substitute as Petitioner for the current owner may be real but the ability to succeed is only as good in the future as it is now. Only your lawyer right now is able to provide... View More
I served my tenant with a 30-day eviction notice since she has been residing at the residence for less than a year. However, she refuses to leave, and the 30 days have expired. I haven't taken any legal action beyond serving the notice but have attempted to hire a lawyer. The tenancy is... View More
answered on Jun 7, 2025
Dear Bronx Property Owner:
I would guess that your tenant refused to take the offer because she knows through the grapevine that the eviction proceeding in Bronx Housing Court could take as long as one year to conclude and for that entire time because of the mandatory assignment of counsel... View More
I'm entering settlement talks with my co-op board, which I believe is corrupt. The issues involve breach of fiduciary responsibility and disgorgement. The board has used apartments for financial gain through illegal sublets and short-term rentals like Airbnb. They’ve obstructed my right to... View More
answered on Jun 7, 2025
I gather that this is an HDFC cooperative. Does HPD retain a supervising or oversight role? Generally, if a court ordered restitution to the coop from the unfaithful directors, there would be a monetary judgment against each one, as well as a referee report detailing the computation of what each... View More
I live in a community with an HOA that issued a special assessment of $15,000 about 2 1/2 years ago. I have been unable to pay the full amount and currently still owe half of that. Recently, I received a notice stating my account was turned over to an attorney, but I haven't been contacted by... View More
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answered on Jun 6, 2025
Yes, it is legal for an HOA to turn your account over for collections if you are in default. When that takes place, the property management company typically avoids speaking to you directly and refers you to the attorney handling the matter. It may be possible to work out a payment arrangement... View More
I live in a community with an HOA that issued a special assessment of $15,000 about 2 1/2 years ago. I have been unable to pay the full amount and currently still owe half of that. Recently, I received a notice stating my account was turned over to an attorney, but I haven't been contacted by... View More
answered on Jun 8, 2025
The HOA is not blocking your payments, just your access to make payments online. You always have the option of mailing a payment or dropping off a check or money order in person. Online access is typically turned off once an account is turned over to the attorney because you likely increase the... View More
On February 17, 2025, I signed a contract that was intended to be solely a fuel contract, but I later discovered that factoring was included without prior discussion. Recently, Fleetsmart contacted me, stating that factoring with them is the only option. I've tried to get released from this... View More
answered on Jun 6, 2025
If the written contract you signed contains factoring, a lawyer needs to review that entire contract to determine what it says about terminating the contract. Another alternative may be to negotiate a release from Fleetsmart which may require a payment of some kind by you to secure the release.... View More
Approximately four years ago, I fell at the Fort Lauderdale airport while boarding a flight and hired a law firm in Fort Lauderdale on a contingency basis. Initially, they told me I had a strong case, and I signed agreements with them. Over the years, communication about my case was minimal, with... View More
answered on Jun 7, 2025
If a company files for bankruptcy, lawsuits—including personal injury claims—are usually halted by an automatic stay. However, if the company has insurance that covers the claim, you can file a motion for relief from the stay to proceed with the lawsuit. Courts may grant it if the insurance... View More
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