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    Shoplifting, Larceny, Robbery, Theft Arrested in NYC PL 165.40

    An ACOD is unlikely. You might get an offer for a disorderly conduct charge, and personally I would take it. A dis-con is a violation, not a "crime", so don't worry about having to having to check off one of those boxes on the job applications. Hook up with the public defender, let him wheel...
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    College Fund Question

    He can sue you on behalf of the child, but not on behalf of himself unless the child does not go to college. While it is unfortunate the you stumbled onto such difficult times, legally I think you did breach your fiduciary duty and you will owe this money. That said, the court will probably...
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    question about probate

    This is why intestacy sucks. Here's the thing. Without a will, the spouse will almost always be granted executor rights. The executor in this case is fully within his rights to sell everything your mother owned. The house, the jewelry...everything. What to do with the money from these sales is...
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    No Administration necessary

    I think you would have to waive your rights or be cited before he could succeed on the "no administration." Your attorney will know what to do, but your father's kids are supposed to receive half. So for example, if you had a brother, and the estate was 100 thousand dollars, then your uncle...
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    New car going to rot

    You can't get a mechanics lien, but you can inform him in writing that he has a specified period of time (it has to be reasonable) to pick up the car or you will have it towed. You can have it removed from your property at that point, but you can't sell it for parts or anything.
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    need help with will

    If your father willed everything to his wife, then it is his wife's. Promises or even clauses in wills that specify that property in the beneficiary's will contain provisions from the first are not allowed by courts. In other words, if this woman wanted to will everything to her own children...
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    Nursing Home sueing me for medicaid reimbursement

    You would have had to sign something stating that you agreed to be responsible for any debts for them to go after you. Otherwise, it is your father's debt. No, you cannot be held responsible for his debt unless you agreed to do so prior.
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    Estate Legal Help Needed

    If estate is over $3.5 million dollars you pay federal estate tax, which is a killer. If the estate is over 1 million dollars you pay state estate tax, which is about 4% of the estate. If it is less than that, the estate is not taxed. The only taxes to be paid are the decedent's income tax for...
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    Guardianship & Mental Incapacitation

    Your best option here is to have your mother grant you power of attorney before she DOES become mentally incapacitated. Mentally incapacitated basically means someone who is unable to enter into contracts. For example, a 10 year old is "mentally incapacitated" because he cannot understand...
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    Right to erect daughter's grave stone

    You can put whatever stone you want I think, but the issue would be having the estate pay for it. I would get the one you wanted and then motion the court to surcharge the executor--meaning you would be reimbursed. The executor has to pay for the stone anyway. Be careful with that scary word...
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    Doing Will Myself

    Writing a will is not hard if all you are doing is doling out property (ie not setting up a trust, etc). In NY, double check with HI, a will does not even need to be notarized. All you need is a declaration that this is your last will and testament and any other will is no longer valid, then say...
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    Final accounting question

    If preliminary letters were issued before the will was probated then it would make sense to have two accountings. Was this the case?
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    need lawyer to handle moneym, tax return after Trust and estate closed?

    The estate is going to have to be reopened to collect the insurance money, assuming the insurance money was to go to the deceased. This could take a little while--a few weeks or months even to have time to close it again. Your brother does not need consent from distributees to appoint or...
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    Drug Crimes, Substance Abuse Possession of Controlled Substance

    Don't worry about not having an attorney at the arraignment. The judge probably wouldn't even LET you plead guilty without one--even if you wanted to. So say "not guilty," get your court date and call the PD's office. Suppressions of evidence can be motioned at any point throughout the trial...
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